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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANJAY KUMAR SINGH
Manoj – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Sanjay Kumar Singh, J.
1. Heard learned counsel for the applicant and Mr. Deepak Mishra, learned Additional Government Advocate representing the State.
2. The instant fourth bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant-Manoj with a prayer to release him on bail in Case Crime No. 244 of 2016, under Sections 147, 148, 149, 302 of I.P.C., Police Station-Nidhauli Kalan, District- Etah, during the pendency of trial.
3. First, second and third bail applications of the accused-applicant were rejected vide orders dated 05.04.2018, 18.07.2022 and05.04.2023 in Criminal Misc. Bail Application Nos. 21550 of 2017, 19321 of 2021 and 35581 of 2022 respectively.
4. It is argued by learned counsel for the applicant that the applicant has been languishing in jail since 13.02.2017, but till date his trial has not been concluded. The Co-ordinate Bench of this Court vide order dated 13.09.2024 passed in Criminal Misc. Bail Application No. 21168 of 2024 has granted bail to co-accused Pancham Singh on the ground of delay in conclusion of trial, therefore, he may also be released on bail. Lastly, it is submitted that there is no chance of the applicant of f
Prolonged detention without trial infringes the constitutional right to liberty and a speedy trial, necessitating bail for the accused.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged incarceration without trial is impermissible.
The right to speedy trial under Article 21 can justify bail due to inordinate delays, despite the serious nature of criminal charges.
The right to a speedy trial is a constitutional guarantee, and prolonged detention without trial constitutes a violation of Article 21, warranting bail even in cases involving commercial quantities o....
An accused's right to a speedy trial under Article 21 mandates that excessive delays in trial should not negate the possibility of bail under serious charges.
An accused's right to a speedy trial is paramount, and prolonged incarceration without trial infringes upon fundamental rights.
The right to a speedy trial is fundamental under Article 21, and prolonged detention without trial violates this right, warranting bail even in serious offenses.
The court emphasized the need to balance the individual's right to personal freedom with the right of police investigation, and considered the delay in trial, lack of prima facie evidence, and absenc....
The right to a speedy trial is a fundamental right under Article 21, and delays in trial can justify bail, even in serious offenses involving commercial quantities of narcotics.
The right to a speedy trial under Article 21 of the Constitution is fundamental; prolonged detention without trial justifies bail, regardless of the seriousness of the charges.
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