Bail is the rule and jail is the exception; prolonged pre-trial incarceration of an accused with no criminal antecedents, coupled with a slow pace of trial proceedings, necessitates the grant of regular bail to uphold the constitutional right to a speedy trial.

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KIRTI SINGH, J. (ORAL)

1. This is the third petition for grant of regular bail to the petitioner in case FIR No. 444 dated 05.6.2023 under Sections 328, 384, 376, 376(2)(n), 406, 506, 341 and 34 IPC, registered at Police Station Barwala, District Hisar.

2. The translated version of the FIR is reproduced below:-

“To, The Senior Superintendent of Police, Hisar. Subject: Application for registration of FIR and taking legal action against accused (1) Vikas son of Shri Ajad, resident of Village and Post Office Bobuya, District Hisar, Mobile No. 989761482, (2) Manjit son of unknown, resident of Village Bobuya, District Hisar, Mobile No. 7495091896, 93) Parveen son of Shri Hoshiyar, resident of Village Bobuya, District Hisar, Mobile No. 9996883720, (4) Sombir son of Unknown (Uncle of Vikas), resident of Village Bobuya, District Hisar. Sir, Applicant submits as under: (1) That applicant xxxxx daughter of Shri Surajbhan and am resident of Village and Post Office Bugana, tehsil Barwala, District Hisaris a peace loving and law abiding woman and the applicant is a student. (2) That the applicant passed a written examination for the Airport job in March, 2022.Accused No. 1 had frequent visits to the applicant's house due to his acquaintanceship. When accused no. 1 came to know about the applicant's passing of the said written examination, accused no. 1 assured the applicant that he will easily get you a job in the airport without any interview, because my uncle is working as a manager in the airport and the candidates will not need any training and the candidates will directly get a job in the airport. (3) That in this way, accused No. 1 kept on talking to the applicant and accused No. 2 about getting the said job done and accused number 2 said that I am talking to the management officer of the airport and you will have to pay Rs. 16 lakh and I will get you a job in the airport directly without giving any interview or training and accused number 2 told me that accused number 3 is my counter boy and you should deposit the said amount in his bank account, otherwise you will lose your job. In this way, the accused, in connivance with each other, got the photo of my current location from me in their mobile phone, which was sent by the applicant, so that the applicant could get a job and the accused also got the bank account, IFSC code and signature of the applicant's father from me on their mobile phone by giving a pretext. The accused, in connivance with each other, blackmailed the applicants and said that they are talking to the management officer of the airport and if you do not send the money, your job will be cancelled. On which the applicants, at the behest of the accused, deposited more than Rs. 16 lakh, sometimes Rs. 7 thousand, sometimes Rs. 10 thousand, sometimes Rs. 41 thousand, in the account of accused number 1. That the applicant has mortgaged her 05 Kanal land, situated at village Bugana, Tehsil Barwala, District Hisar for Rs. 8 lakh and the remaining amount was given by my family members and I gave some amount to the accused by selling my jewellery. (4) That the accused kept intimidating and threatening the applicants that if you did not send more money, we would not hire you. Thereafter, in December 2022, the accused called the applicant to Daimond Hotel, Barwala Bus Stand, Barwala, District Hisar, where accused number 1 was already present and he made me drink some intoxicant mixed in a cold drink and after which I lost consciousness completely and then accused number 1 raped me against my will and made my naked photo and video in his mobile phone and later Accused numbe