Court highlighted the balance between the nature of accusations and the right to speedy trial.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 30-01-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 147 , 148, 149, 341, 323, 302, 379, 307, 504 and 506 of the Indian Penal Code .

3. Earlier, the prayer for grant of bail of the petitioner was rejected by this Court vide order dated 05.03.2025 passed in Cr. Misc. No. 703 of 2025.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has falsely been implicated in this case due to land dispute between the parties. As a matter of fact, informant, along with other accused persons, committed murder of father of this petitioner for which an F.I.R. bearing Sarai P.S. Case No. 148 of 2024 was lodged against informant and others. It is further submitted that the post mortem report of the deceased does not corroborate the prosecution case. Charge- sheet has already been submitted and petitioner is in custody since 27.06.2024.

5. On the other hand, learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of bail to the petitioner and submit that petitioner is named in the F.I.R. with specific accusation that he repeatedly assaulted on head of deceased with spade. Doctor has opined that death was caused due to head injury. Petitioner has got two criminal antecedents.

6. Considering the facts and circumstances of the case, specific and direct nature of accusation, gravity of offence and criminal antecedent of the petitioner, the prayer for grant bail of to the petitioner is rejected.

7. However, considering the fact that petitioner is in custody since 27.06.2024, the learned trial court is directed to expedite the trial and conclude the same, preferably within a period of one year from the date of receipt/production of a copy of this order.

(Prabhat Kumar Singh, J)