IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NEERJA K.KALSON
............ – Appellant
Versus
............ – Respondent
JUDGMENT :
NEERJA K. KALSON , J .
1. The present petition has been filed under Section 483 of the Bhartiya Nagarik Suraksha Sanita, 2023 seeking grant of regular bail to the petitioner in case bearing FIR No. 40 dated 19.07.2024 (Annexure P-1), under Section 137(2), 87 of BNS, 2023 (offence under Section 65(1) BNS, 2023 and Section 6 POCSO Act added later on), registered at Police Station Verowal, District Tarn Taran, Punjab.
2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-
“Statement of xxxxxxx, son of xxxxxxx, son of xxxxxx, resident of xxxxxx, age about xxxx years, mobile number xxxxxxxx, stated that I am a resident of the above address and do labour work. On date 17.07.2024, there was a fair of Pir Baba Kade Shah Ji in our village, where I and my entire family-my wife xxxxxx, elder daughter xxxxx, wife of xxxxx, resident of xxxxx; the daughter younger than her xxxxxx, wife of xxxxx, resident of xxxxx; younger than her xxxxxx, wife of xxxxxx, resident of xxxxxx, younger than her daughter xxxxxx, whose age as per Aadhaar Card No. xxxxxxx is xxxx years, who is still unmarried and has studied up to 7th class from Governme
The right to a speedy trial and personal liberty are fundamental. When a trial is unlikely to conclude in the near future and the accused has undergone significant incarceration, bail should be grant....
The right to a speedy trial under Article 21 of the Constitution is fundamental, and undue incarceration due to prosecution delays warrants bail.
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