The right to a speedy trial under Article 21 of the Constitution outweighs the seriousness of the crime when a prosecuting agency fails to ensure timely trial, justifying the grant of bail to an undertrial.

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SUMEET GOEL, J. (ORAL)

1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.16 dated 15.02.2021 under Sections 302, 307, 323, 324, 341, 506, 148, 149 of IPC [103(1), 109, 115(2), 118(1), 126(2), 351(2)/(3), 191(3), 190 of BNS], registered at Police Station Sadar Rajpura, District Patiala.

2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-

“Copy of original statement, Statement of Bahadur Khan son of Sharif Khan Alias Muhammad Salim resident of Village Sural Khurd Police Station Sadar Rajpura District Patiala aged about 50 years Mo: 7889110532 stated that I am a resident of the above said address. Yesterday on 14.02.2021 son of my nephew Pritpal's namely Nawab Khan was having the party of marriage in the Government Palace in the village in the evening. Where my son Salim Khan and my nephew Rinku Khan were also present Then it was about at 10:00 PM then there from our village Harinder Singh, Gurmeet Singh, Gursewak Singh, Kaka Singh, Gurinder Singh sons of Jagdev Singh, Jagdish Singh son of Bant Singh, Harpreet Singh son of Jagjit Singh resident of Village Sural Khurd and 2-3 unknown persons came to the party in the palace without invitation and started making noise at the D.J. We stopped them to do such then above persons started threatening us to kill and started abusing us and we sent them out of palace after advising, those above all persons started raising lalkaras, standing outside the palace, who had swords and sticks in their hands and when I and my nephew Rinku Khan came out of palace, then above Harinder Singh gave to sword blow which was in his hand at my head with the intention to kill me which hit on back of my turban and this gave big cut on my turban then Harpreet Singh gave the forcefully blow on my left arm with the gandasa which was in his hand and due to this my left arm got full of blood. In the meantime, Harpreet Singh above gave the sword blow which was in his hand on the head of my nephew Rinku and second blow was given by Harinder Singh to my nephew Rinku on his head and due to this my nephew Rinku and I fell down on the ground while we were on the ground Jagdish Singh above gave the gave too much beating with stick. While we were on the ground Gurmeet Singh, Gursewak Singh, Kaka Singh and Gurinder Singh gave too much beating with sticks and dandas. We raise the alarm as marta marta for our safety then due to the sound of DJ till our family members came out of palace, then the above persons ran away from the spot with their arms. Our neighbour Gurjant Singh and Randhir Singh resident of Village Harna, took us after arranging the private vehicle for treatment and got admitted us in AP Jain Civil Hospital at Rajpura. Where I am under treatment and as the condition of my nephew Rinku Khan got worst therefore, the doctors referred him to Rajindra Hospital Patiala. It is requested the legal action be taken against the above persons and we should be given justice. statement which has been read over, it is correct. RTI of Statement giver I have got recorded my Bahadur Khan above, verified statement Sd/- Salim Khan, Salim Khan son of Bahadur Khan Attested Sd/- Kuldeep Singh ASI Police Post Basantpura Dated: 15.02.2021. Today I ASI, present at Police Post then Head Munshi, Police Station City Rajpura give the information that Rinku Khan son of Balbir Khan, Bahadur Khan son of Sharif Khan resident of Village S