Prolonged pre-trial detention violates fundamental rights, necessitating bail, especially when trial delays persist.

1. Regular Bail Application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNSS ’) [corresponding to Section 439 of the Code of Criminal Procedure (CrPC), 1973] on behalf of the Applicant/Sallauddin in FIR No.149/2021 dated 29.03.2021 under Section 302 /149/141/34 of the Indian Penal Code, 1860 (hereinafter referred to as ‘ IPC ’) registered at PS Narela Industrial Area.

2. The brief facts of the case are that the present case was registered on the Complaint of one eye witness, Rahul, aged about 27 years who stated that on 29.03.2021 at around 6 PM, on the day of Holi when he was present at his house, his brother Bunty had gone to fetch water from DDA RO plant in the Park. Bunty returned from the park and informed that some boys had quarrelled with him. He stated that he, along with his family members and neighbours followed Bunty, when he went to the Park again.

Bunty was stopped by the accused persons, namely, the Applicant/Sallauddin, Kayamuddin, Kundan, Kaushal, Rahul and Amit who were having drinks and playing loud music. When Bunty objected, they assaulted him. The Complainant/Rahul stated that Kayamuddin had assaulted Bunty with knife, Kaushal assaulted with a broken beer bottle over chest of Bunty. Later, all of them fled from the spot. Bunty was taken to MV Hospital, where his MLC was prepared with an alleged history of physical injury over chest with severe bleeding.

3. Consequently, a case under Section 307/34 IPC was registered. On the same day, at 11:30 PM, information regarding death of Bunty was received from BSA Hospital and accordingly, Section 302 IPC was added.

4. The post mortem if the deceased Bunty was conducted and the cause of death was opined as “Death was due to haemorrhagic shock consequent upon sharp edged injury to front of right upper chest via injury n.2 & 3. All injuries were antemortem in nature, and fresh in duration. Injuries no.2,3,4,5 were caused by sharp edged weapon while injuries no.1,6,7,8,9 were caused by blunt weapon. Injuries no.2 (11 cm length wound over chest) & 3 (10 cm in length horizontally placed from middle on injury no.2) were sufficient to cause death in ordinary course of nature. Viscera preserved to rule out any intoxication”

5. During the course of investigation, on 30.03.2021, the accused persons i.e. the Applicant/Sallauddin, Kayamuddin, Kaushal were arrested after interrogation and finding their involvement in the offence.

6. It is submitted that the Applicant had moved an Application for grant of Regular Bail before Ld. Trial Court but was dismissed vide Order 22.04.2024.

7. The Applicant has sought Bail on the grounds that he has been in Judicial Custody since 30.03.2021 and is a victim of false implication.

8. It is submitted that on the day of the alleged incident, it was the festival of Holi. The Applicant was returning home after completing his official duties. The Complainant has intentionally named the Applicant in this case because the Applicant’s brother was present at the scene. The Applicant was merely standing at the location to meet his brother. After sometime, the police officials came to the Applicant’s house and took him to the Police Station. After conducting an inquiry, they released him. However, the next day around 9:00 AM, the police returned and falsely implicated the Applicant in