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. 26 dated 24.02.2024, under Section 376, 376(3) IPC and Section 4 of POCSO Act, (Amended), 2012, 2019, registered at Police Station Satnampura, District Kapurthala (Annexure P-1).
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 xxxxx, daughter of xxxxx, resident of xxxxxx, Police Station Satnampura, Phagwara, District Kapurthala, age about 26 years, mobile number xxxxxx, stated that I am a resident of the above address and I work as a private nurse at Jindal Hospital. My uncle xxxxxx, son of xxxxxx, and my aunt xxxx, who are mentally disturbed, having two daughters. Their elder daughter's name is xxxxxxx, who is about 13 years old and the younger daughter xxxxxx, who is about 7 years old. The date of birth of my uncle's elder daughter xxxxxxx is 05/12/2010. That on 22/02/2024, she left home at around 12:00 and did not return till 02:30, so I started looking for my uncle's daughter xxxxxx, and I came to kno
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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