Violation of the fundamental right to a speedy trial justifies the grant of bail even in serious criminal cases, provided the accused has been incarcerated for a significant period without substantial progress in the trial.

1. This is the second bail application.

2. Heard Sri Umakant Pal, learned counsel for the applicant, Sri Rajeev Dhar Dwivedi, learned A.G.A. for the State.

3. The instant bail application has been filed seeking release of the applicant on bail in S.T. No. 1014 of 2022 (State Vs. Ashok Kumar Ahirwar) arising out of Case Crime No.393 of 2022, under Sections 376(1), 328, 323, 342, 506 IPC and Section 67 I.T. Act , Police Station Kotwali, District Jhansi, during pendency of the trial.

4. Learned counsel for the applicant submits, however, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed by this Court vide order dated 8.5.2023 after considering the fact that applicant sexually exploited the victim but applicant is in jail in the present matter since 11.09.2022 i.e. for last more than 3-1/2 years and till date trial could not be concluded.

5. He further submits that in the charge sheet there are total six witnesses but till date only three witnesses could be examined and, therefore, there is no hope of early disposal of the trial.

6. He further argued, right of speedy trial is fundamental right of an accused and on its violation even in the serious cases he can be released on bail. He next argued there is no evidence that applicant is causing delay in trial and, therefore, it cannot be said that his right of speedy trial has not been violated.

7. He further argued, even victim has already been examined as P.W.1, therefore, even if applicant is enlarged on bail then also there is no chance of tampering with the prosecution evidence.

8. He further argued, applicant is not having.

9. Per contra, learned A.G.A. opposed the prayer for bail and submits this is the second bail application filed on behalf of the applicant but could not dispute the other argument on fact advanced by learned counsel for the applicant.

10. I have heard learned counsel for the parties and perused the record of the case.

11. However, this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit after considering the fact that as per allegation he sexually exploited the victim but in the present matter applicant is in jail for last more than 3-1/2 years and till date out of six witnesses only three could be examined, therefore, this Court finds merit in the argument advanced by learned counsel for the applicant that there is no hope of early disposal of trial.

12. Further, even from the report of the Court concerned it reflects there is neither any allegation nor evidence that applicant is causing delay in trial and considering all these facts it cannot be said that fundamental right of speedy trial of the applicant has not been violated.

13. The law is settled if fundamental right of speedy trial of the accused is infringed then even in serious cases including case of murder, he can be released on bail.

14. Recently, Apex Court in case of Sahil Manoj Machare vs. The State of Maharashtra , S.L.P. (Crl.) No.7502 of 2026 had occasion to consider the aspect of right of speedy trial of an accused in case of murder and on 5.4.2026 the Apex court was pleased to enlarge the