CORAM:

HON’BLE MR. JUSTICE RAJNESH OSWAL JUDGE

JUDGMENT

1. The petitioner is facing trial in charge-sheet titled “UT of J&K v. Kewal Sharma” arising out of FIR No.109/2014, registered with Police Station Akhnoor under Sections 302, 201 RPC, which is pending before the Court of 2nd Additional Sessions Judge, Jammu, (hereinafter referred to as “the Trial Court”).

2. The petitioner initially approached the Trial Court for the grant of bail but was unsuccessful; his application was dismissed by way of an order dated September 17, 2025. Consequently, the petitioner has preferred the instant application for bail, principally on the ground that the protracted delay in trial has violated his fundamental right to a speedy trial.

3. It is submitted that the petitioner was taken into custody on 6th June, 2014, and has ever since been languishing behind bars. It is further contended that the entire case against the petitioner hinges solely upon circumstantial evidence, completely bereft of any eyewitness testimony, and that the prosecution’s story is riddled with material inconsistencies. In precise terms, the petitioner submits that he has endured custody for a period exceeding elev