Himachal Pradesh High Court
Hemant Kumar vs State Of Himachal Pradesh on 7 July, 2025
Neutral Citation No. ( 2025:HHC:21396 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 878 of 2025 Reserved on: 01.07.2025 Date of Decision: 07.07.2025.
Hemant Kumar ...Petitioner
Versus
State of Himachal Pradesh ...Respondent
Coram
Hon'ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No For the Petitioner : Mr. Ajay Kochhar, Sr. Advocate with Mr. Bhairav Gupta, Advocate.
For the Respondent : Mr. Lokender Kutlehria, Additional Advocate General.
Rakesh Kainthla, Judge The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide FIR No. 77 of 2023, dated 11.7.2023, registered at Police Station Dharampur, District Solan, H.P., for the commission of offences punishable under Sections 341, 302, 323, 504, 147, 148, and 149 of the Indian Penal Code (IPC). 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2
Neutral Citation No. ( 2025:HHC:21396 )
2. It is asserted that, as per the prosecution's case, Hassan Khan told Dikshant and Lalit @ Suraj that a boy working in Pinky Dhaba was abusing them. Hassan Khan called the boy. The boy abused Hassan Khan and others. The boy asked Hassan Khan and others to come near the Kumarhatti Flyover. Dikshant, Hassan and Lalit went to the spot and they found 7-8 boys standing with rods in their hands. They stopped the motorcycle and started giving beatings to the informant party. These allegations are false, and no such incident took place. The informant had specifically stated that 7-8 boys were not known to him; however, no test identification parade was conducted. The police have filed the charge sheet. One witness out of 27 witnesses has been examined. The petitioner was arrested on 11.07.2023 and has been in custody since then. The petitioner is a permanent resident of Tehsil Karsog, and there is no chance of his absconding. He would abide by all the terms and conditions which the Court may impose; hence, the petition.
3. The petition is opposed by filing a status report asserting that the informant told the police that he and Lalit alias Suraj were consuming liquor and food on 11.7.2023 at 12.30 AM. Hasan Khan came to the room and told them that a boy working 3 Neutral Citation No. ( 2025:HHC:21396 ) in the Pinky Dhaba was abusing them. Hasan Khan called that person. The informant and Lalit alias Suraj also talked to him. He abused them and called them near the Kumarhatti Flyover. The informant, Hasan Khan and Lalit went to Kumarhatti flyover, where 7-8 persons armed with iron rods were present. They stopped the motorcycle and started beating the informant party. The informant party sustained injuries. They were taken to the hospital. Hasan and the informant were sent to a higher institution for further treatment. The police arrested the petitioner and other persons. They recovered iron rods and sticks, which were used for the commission of the offence. The police seized the weapons of offence. Lalit alias Suraj succumbed to the injuries sustained by him. An orange angle iron was recovered, which had blood stains on it. The orange colour was also found on the motorcycle of the deceased Lalit alias Suraj. The sample of paint was obtained, and it was sent to FSL along with the angle iron. As per the report of analysis, the blood was found on the angle iron, which was insufficient for serological examination. The orange colour of the angle iron and the sample was found to be similar. The petitioner had inflicted injury on the head of Lalit alias Suraj. The police filed a charge sheet. One 4 Neutral Citation No. ( 2025:HHC:21396 ) witness has been examined out of 27 witnesses cited by the prosecution. One witness has died. 25 witnesses are yet to be examined. The matter was listed on 12.06.2025 for recording the statement of the prosecution witnesses at Sr. no.5 and 6; hence, the status report.
4. I have heard Mr. Ajay Kochhar, learned Senior Counsel, assisted by Mr. Bhairav Gupta, learned counsel for the petitioner and Mr. Lokender Kutlehria, learned Additional Advocate General, for the respondent-State.
5. Mr. Ajay Kochhar, learned Senior Counsel for the petitioner, submitted that the petitioner is innocent and was falsely implicated. There is no evidence to connect the petitioner with the commission of crime. The petitioner was not named in the FIR, and the informant stated that he could identify the assailant; however, no test identification parade was conducted. There is a serious dispute regarding the presence of the petitioner on the spot. There is a delay in the progress of the trial; hence it was prayed that the present petition be allowed and the petitioner be released on bail. He relied upon the judgments of Rajeev Sharma vs. State of HP, Criminal Appeal No. 2801 of 2025, 5 Neutral Citation No. ( 2025:HHC:21396 ) decided on 21.05.2025, Robin Patrwal vs. State of HP in Cr.MP(M) No. 1942 of 2023, decided on 21.08.2023, Mukesh Kumar vs. State of Rajasthan, Special Leave to Appeal (Crl). No. 11714 of 2022 decided on 15.02.2023, Zahur Haider Zaidi vs. CBI, 2019 (20) SCC 404 and Pankaj Kumar vs. State of HP, 2023 SCC Online HP 394 in support of his submission.
6. Mr. Lokender Kutlehria, learned Additional Advocate General for the respondent-State, submitted that the petitioner was involved in the commission of a heinous offence. Releasing the petitioner on bail would affect the fair trial, as the petitioner can intimidate the witnesses; therefore, he prayed that the present petition be dismissed.
7. I have given considerable thought to the submissions made at the bar and have gone through the records carefully.
8. The parameters for granting bail were considered by the Hon'ble Supreme Court in Ajwar v. Waseem (2024) 10 SCC 768:
2024 SCC OnLine SC 974, wherein it was observed at page 783:
"Relevant parameters for granting bail
26. While considering as to whether bail ought to be granted in a matter involving a serious criminal offence, the Court must consider relevant factors like the nature of the accusations made against the accused, the manner in 6 Neutral Citation No. ( 2025:HHC:21396 ) which the crime is alleged to have been committed, the gravity of the offence, the role attributed to the accused, the criminal antecedents of the accused, the probability of tampering of the witnesses and repeating the offence, if the accused are released on bail, the likelihood of the accused being unavailable in the event bail is granted, the possibility of obstructing the proceedings and evading the courts of justice and the overall desirability of releasing the accused on bail. [Refer: Chaman Lal v. State of U.P. [Chaman Lal v. State of U.P., (2004) 7 SCC 525: 2004 SCC (Cri) 1974]; Kalyan Chandra Sarkar v. Rajesh Ranjan [Kalyan Chandra Sarkar v. Rajesh Ranjan, (2004) 7 SCC 528: 2004 SCC (Cri) 1977]; Masroor v. State of U.P. [Masroor v. State of U.P., (2009) 14 SCC 286 : (2010) 1 SCC (Cri) 1368]; Prasanta Kumar Sarkar v. Ashis Chatterjee [Prasanta Kumar Sarkar v. Ashis Chatterjee, (2010) 14 SCC 496 : (2011) 3 SCC (Cri) 765]; Neeru Yadav v. State of U.P. [Neeru Yadav v. State of U.P., (2014) 16 SCC 508 : (2015) 3 SCC (Cri) 527]; Anil Kumar Yadav v. State (NCT of Delhi)[Anil Kumar Yadav v. State (NCT of Delhi), (2018) 12 SCC 129 : (2018) 3 SCC (Cri) 425]; Mahipal v. Rajesh Kumar [Mahipal v. Rajesh Kumar, (2020) 2 SCC 118 : (2020) 1 SCC (Cri) 558] .]
9. This position was reiterated in Ramratan v. State of M.P., 2024 SCC OnLine SC 3068, wherein it was observed as under:-
"12. The fundamental purpose of bail is to ensure the accused's presence during the investigation and trial. Any conditions imposed must be reasonable and directly related to this objective. This Court in Parvez Noordin Lokhandwalla v. State of Maharastra (2020) 10 SCC 77 observed that though the competent court is empowered to exercise its discretion to impose "any condition" for the grant of bail under Sections 437(3) and 439(1)(a) CrPC, the discretion of the court has to be guided by the need to facilitate the administration of justice, secure the presence 7 Neutral Citation No. ( 2025:HHC:21396 ) of the accused and ensure that the liberty of the accused is not misused to impede the investigation, overawe the witnesses or obstruct the course of justice. The relevant observations are extracted herein below:
"14. The language of Section 437(3) CrPC, which uses the expression "any condition ... otherwise in the interest of justice" has been construed in several decisions of this Court. Though the competent court is empowered to exercise its discretion to impose "any condition" for the grant of bail under Sections 437(3) and 439(1)(a) CrPC, the discretion of the court has to be guided by the need to facilitate the administration of justice, secure the presence of the accused and ensure that the liberty of the accused is not misused to impede the investigation, overawe the witnesses or obstruct the course of justice. Several decisions of this Court have dwelt on the nature of the conditions which can legitimately be imposed both in the context of bail and anticipatory bail." (Emphasis supplied)
13. In Sumit Mehta v. State (NCT of Delhi) (2013) 15 SCC 570, this Court discussed the scope of the discretion of the Court to impose "any condition" on the grant of bail and observed in the following terms:--
"15. The words "any condition" used in the provision should not be regarded as conferring absolute power on a court of law to impose any condition that it chooses to impose. Any condition has to be interpreted as a reasonable condition acceptable in the facts permissible in the circumstance, and effective in the pragmatic sense, and should not defeat the order of grant of bail. We are of the view that the present facts and circumstances of the case do not warrant such an extreme condition to be imposed." (Emphasis supplied)
14. This Court, in Dilip Singh v. State of Madhya Pradesh (2021) 2 SCC 779, laid down the factors to be taken into 8 Neutral Citation No. ( 2025:HHC:21396 ) consideration while deciding the bail application and observed:
"4. It is well settled by a plethora of decisions of this Court that criminal proceedings are not for the realisation of disputed dues. It is open to a court to grant or refuse the prayer for anticipatory bail, depending on the facts and circumstances of the particular case. The factors to be taken into consideration while considering an application for bail are the nature of the accusation and the severity of the punishment in the case of conviction and the nature of the materials relied upon by the prosecution; reasonable apprehension of tampering with the witnesses or apprehension of threat to the complainant or the witnesses; the reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence; character, behaviour and standing of the accused; and the circumstances which are peculiar or the accused and larger interest of the public or the State and similar other considerations. A criminal court, exercising jurisdiction to grant bail/anticipatory bail, is not expected to act as a recovery agent to realise the dues of the complainant, and that too, without any trial." (Emphasis supplied)
10. This position was reiterated in Shabeen Ahmed versus State of U.P., 2025 SCC Online SC 479.
11. The present petition has to be decided as per the parameters laid down by the Hon'ble Supreme Court.
12. A review of the status report shows that the petitioner-Hemant Kumar got recovered a stick which was seized by the police. The post-mortem report shows that the cause of death was Craniocerebral damage consequent to the blunt 9 Neutral Citation No. ( 2025:HHC:21396 ) trauma to the head, which was sufficient to cause death in the ordinary course of nature. This report prima facie shows that the deceased was murdered by hitting him on the head with an object. The recovery of the stick at the instance of the petitioner is a circumstance against him. Thus, there is, prima facie, sufficient material to connect the petitioner with the commission of crime.
13. It was submitted that the police have failed to conduct a test identification parade, and the presence of the petitioner on the spot is not established. This submission is not acceptable. The status report shows that the CCTV footage was taken into possession, in which all the accused were seen coming out of Pinky Da Dhaba and going towards the spot, therefore, the identification of the petitioner is established by CCTV footage and the absence of test identification parade will not make the prosecution case suspect.
14. The allegations against the petitioner, prima facie, show his involvement in the commission of an offence punishable under Section 302 read with Section 34 of the IPC. The offence is heinous and punishable with capital punishment. 10
Neutral Citation No. ( 2025:HHC:21396 ) Therefore, the petitioner cannot be released on bail, keeping in view the nature of the offence alleged against the petitioner.
15. It was submitted that there is a delay in the progress of the trial, the prosecution has only examined one witness, and there is no likelihood of an early conclusion of the trial. A perusal of the order sheets shows that the charges were framed on 29.02.2024, and the matter was listed on 13.05.2024. Learned Public Prosecutor requested to call PWs at Sr. No. 1 to 4 before calling other witnesses; therefore, the Court summoned only four witnesses. The statement of only one witness was recorded. One was found to be dead, and the matter was listed on 12.06.2025 for recording the statements of PWs at Sr. No. 5 and 6.
16. It was submitted that there is a delay in the progress of the trial. This submission has to be accepted as correct. The order sheets show that the learned Prosecutor had requested to call the Pws at Sr. Nos. 1 to 4 and only one witness was examined within one and a half years. This justified the grievance of the petitioner regarding the delay in the progress of the trial.
17. It was held in Pankaj Kumar v. State of Maharashtra, (2008) 16 SCC 117: (2010) 4 SCC (Cri) 217: 2008 SCC OnLine SC 1055 11 Neutral Citation No. ( 2025:HHC:21396 ) that the right of speedy trial in every criminal proceeding is an unalienable right of the accused. It was observed on page 126:
"22. It is, therefore, well settled that the right to a speedy trial in all criminal prosecutions is an inalienable right under Article 21 of the Constitution. This right applies not only to the actual proceedings in court but also includes within its sweep the preceding police investigations as well. The right to a speedy trial extends equally to all criminal prosecutions and is not confined to any particular category of cases.
18. It was held in Ajay Kumar Choudhary v. Union of India, (2015) 7 SCC 291: (2015) 2 SCC (L&S) 455: 2015 SCC OnLine SC 127 that the right to a speedy trial is a fundamental right of the accused. It was observed on page 298:
"13. Article 12 of the Universal Declaration of Human Rights, 1948, assures that:
"12. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks."
14. More recently, the European Convention on Human Rights in Article 6(1) promises that:
"6. (1) In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time...."
and in its second sub-article, that:
"6. (2) Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law."12
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15. The Supreme Court of the United States struck down the use of nolle prosequi, an indefinite but ominous and omnipresent postponement of civil or criminal prosecution in Klopfer v. North Carolina [18 L Ed 2d 1: 386 US 213 (1967)].
16. In Kartar Singh v. State of Punjab [(1994) 3 SCC 569: 1994 SCC (Cri) 899] the Constitution Bench of this Court unequivocally construed the right of speedy trial as a fundamental right, and we can do no better than extract these paragraphs from that celebrated decision: (SCC pp. 638-39, paras 86-87) "86. The concept of speedy trial is read into Article 21 as an essential part of the fundamental right to life and liberty guaranteed and preserved under our Constitution. The right to speedy trial begins with the actual restraint imposed by arrest and consequent incarceration and continues at all stages, namely, the stage of the investigation, inquiry, trial, appeal and revision so that any possible prejudice that may result from the impermissible and avoidable delay from the time of the commission of the offence till it consummates into a finality, can be averted. In this context, it may be noted that the constitutional guarantee of a speedy trial is properly reflected in Section 309 of the Code of Criminal Procedure.
87. This Court in Hussainara Khatoon (1) v. State of Bihar [(1980) 1 SCC 81: 1980 SCC (Cri) 23] while dealing with Article 21 of the Constitution of India has observed thus: (SCC p. 89, para 5) '5. ... No procedure which does not ensure a reasonably quick trial can be regarded as "reasonable, fair or just" and it would fall foul of Article 21. There can, therefore, be no doubt that a speedy trial, and by speedy trial we mean reasonably expeditious trial, is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21. 13
Neutral Citation No. ( 2025:HHC:21396 ) The question which would, however, arise is as to what would be the consequence if a person accused of an offence is denied a speedy trial and is sought to be deprived of his liberty by imprisonment as a result of a long- delayed trial in violation of his fundamental right under Article 21. Would he be entitled to be released unconditionally, freed from the charge levelled against him on the ground that trying him after an unduly long period of time and convicting him after such trial would constitute a violation of his fundamental right under Article 21."
17. The legal expectation of expedition and diligence being present at every stage of a criminal trial and a fortiori in departmental enquiries has been emphasised by this Court on numerous occasions. The Constitution Bench in Abdul Rehman Antulay v. R.S. Nayak [(1992) 1 SCC 225: 1992 SCC (Cri) 93] underscored that this right to speedy trial is implicit in Article 21 of the Constitution and is also reflected in Section 309 of the Code of Criminal Procedure, 1973; that it encompasses all stages viz. investigation, inquiry, trial, appeal, revision and retrial; that the burden lies on the prosecution to justify and explain the delay; that the Court must engage in a balancing test to determine whether this right had been denied in the particular case before it."
19. It was held in Shaheen Welfare Association. v. Union of India, (1996) 2 SCC 616: 1996 SCC (Cri) 366 that a person cannot be kept behind bars when there is no prospect of trial being concluded expeditiously. It was observed at page 621:
"8. It is in this context that it has become necessary to grant some relief to those persons who have been deprived of their personal liberty for a considerable length of time 14 Neutral Citation No. ( 2025:HHC:21396 ) without any prospect of the trial being concluded in the near future. Undoubtedly, the safety of the community and the nation needs to be safeguarded looking to the nature of the offences these undertrials have been charged with. But the ultimate justification for such deprivation of liberty pending trial can only be their being found guilty of the offences for which they have been charged. If such a finding is not likely to be arrived at within a reasonable time, some relief becomes necessary."
20. Similarly, it was laid down by the Hon'ble Supreme Court in Jagjeet Singh v. Ashish Mishra, (2022) 9 SCC 321: (2022) 3 SCC (Cri) 560: 2022 SCC OnLine SC 453 that no accused can be subjected to unending detention pending trial. It was observed at page 335:
"40. Having held so, we cannot be oblivious to what has been urged on behalf of the respondent-accused that cancellation of bail by this Court is likely to be construed as an indefinite foreclosure of his right to seek bail. It is not necessary to dwell upon the wealth of case law which, regardless of the stringent provisions in a penal law or the gravity of the offence, has time and again recognised the legitimacy of seeking liberty from incarceration. To put it differently, no accused can be subjected to unending detention pending trial, especially when the law presumes him to be innocent until proven guilty. Even where statutory provisions expressly bar the grant of bail, such as in cases under the Unlawful Activities (Prevention) Act, 1967, this Court has expressly ruled that after a reasonably long period of incarceration, or for any other valid reason, such stringent provisions will melt down, and cannot be measured over and above the right of liberty guaranteed under Article 21 of the Constitution (see Union of India v. K.A. Najeeb [Union of India v. K.A. Najeeb, (2021) 3 SCC 713, paras 15 and 17] )."15
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21. It was laid down in Mohd. Muslim v. State (NCT of Delhi), 2023 SCC OnLine SC 352 that the right to a speedy trial is a constitutional right of an accused. The right of bail is curtailed on the premise that the trial would be concluded expeditiously. It was observed: -
"13. When provisions of law curtail the right of an accused to secure bail, and correspondingly fetter judicial discretion (like Section 37 of the NDPS Act, in the present case), this court has upheld them for conflating two competing values, i.e., the right of the accused to enjoy freedom, based on the presumption of innocence, and societal interest - as observed in Vaman Narain Ghiya v.
State of Rajasthan, [2008] 17 SCR 369: (2009) 2 SCC 281 ('the concept of bail emerges from the conflict between the police power to restrict liberty of a man who is alleged to have committed a crime, and presumption of innocence in favour of the alleged criminal....'). They are, at the same time, upheld on the condition that the trial is concluded expeditiously. The Constitution Bench in Kartar Singh v. State of Punjab, [1994] 2 SCR 375: (1994) 3 SCC 569 made observations to this effect. In Shaheen Welfare Association v. Union of India, [1996] 2 SCR 1123: (1996) 2 SCC 616 again, this court expressed the same sentiment, namely that when stringent provisions are enacted, curtailing the provisions of bail, and restricting judicial discretion, it is on the basis that investigation and trials would be concluded swiftly. The court said that Parliamentary intervention is based on:
A conscious decision has been taken by the legislature to sacrifice to some extent, the personal liberty of an under- trial accused for the sake of protecting the community and the nation against terrorist and disruptive activities or other activities harmful to society, it is all the more necessary that investigation of such crimes is done 16 Neutral Citation No. ( 2025:HHC:21396 ) efficiently and an adequate number of Designated Courts are set up to bring to book persons accused of such serious crimes. This is the only way in which society can be protected against harmful activities. This would also ensure that persons ultimately found innocent are not unnecessarily kept in jail for long periods."
22. The Court highlighted the effects of pre-trial detention and the importance of a speedy trial as under:
"22. Before parting, it would be important to reflect that laws which impose stringent conditions for the grant of bail may be necessary in the public interest; yet, if trials are not concluded in time, the injustice wreaked on the individual is immeasurable. Jails are overcrowded, and their living conditions, more often than not, are appalling. According to the Union Home Ministry's response to Parliament, the National Crime Records Bureau had recorded that as of 31st December 2021, over 5,54,034 prisoners were lodged in jails against a total capacity of 4,25,069 lakhs in the country[National Crime Records Bureau, Prison Statistics in India https://ncrb.gov. in/sites/default/files/P SI-202 1/Executive ncrb Summary- 2021.pdf]. Of these 122,852 were convicts; the rest, 4,27,165 were undertrials.
23. The danger of unjust imprisonment is that inmates are at risk of 'prisonisation', a term described by the Kerala High Court in A Convict Prisoner v. State, 1993 Cri LJ 3242 as a radical transformation ' whereby the prisoner:
'loses his identity. He is known by a number. He loses personal possessions. He has no personal relationships. Psychological problems result from loss of freedom, status, possessions, dignity, and autonomy of personal life. The inmate culture of prison turns out to be dreadful. The prisoner becomes hostile by ordinary standards. Self- perception changes. ' 17 Neutral Citation No. ( 2025:HHC:21396 )
24. There is a further danger of the prisoner turning to crime, 'as crime not only turns admirable but the more professional the crime, more honour is paid to the criminal'[Working Papers - Group on Prisons & Borstals -
1966 U.K.] (also see Donald Clemmer's 'The Prison Community' published in 1940[Donald Clemmer, The Prison Community (1968) Holt, Rinehart & Winston, which is referred to in Tomasz Sobecki, 'Donald Clemmer's Concept of Prisonisation', available at:
https://www.tkp.edu.pl/wpcontent/uploads/2020/12/Sobecki _sklad.pdf (accessed on 23rd March 2023).]). Incarceration has further deleterious effects, where the accused belongs to the weakest economic strata: immediate loss of livelihood, and in several cases, scattering of families as well as loss of family bonds and alienation from society. The courts, therefore, have to be sensitive to these aspects (because in the event of an acquittal, the loss to the accused is irreparable), and ensure that trials - especially in cases where special laws enact stringent provisions- are taken up and concluded speedily."
23. It was laid down by the Hon'ble Supreme Court in Javed Gulam Nabi Shaikh Vs. State of Maharashtra and Anr. in Criminal Appeal No. 2787 of 2024 decided on 03.07.2024 that the right to speedy trial of the offenders facing criminal charges is an important facet of Article 21 of the Constitution of India and inordinate delay in the conclusion of the trial entitles the accused to grant of bail, it was observed: -
"12 Long back, in Hussainara Khatoon v. Home Secy., the State of Bihar reported in (1980) 1 SCC 81, this court had declared that the right to speedy trial of offenders facing criminal charges is "implicit in the broad sweep and content of Article 21 as interpreted by this Court".18
Neutral Citation No. ( 2025:HHC:21396 ) Remarking that a valid procedure under Article 21 is one which contains a procedure that is "reasonable, fair and just" it was held that:
"Now obviously procedure prescribed by law for depriving a person of liberty cannot be "reasonable, fair or just" unless that procedure ensures a speedy trial for determination of the guilt of such person. No procedure which does not ensure a reasonably quick trial can be regarded as "reasonable, fair or just" and it would fall foul of Article 21. There can, therefore, be no doubt that a speedy trial, and by speedy trial we mean reasonably expeditious trial, is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21. The question which would, however, arise is as to what would be the consequence if a person accused of an offence is denied a speedy trial and is sought to be deprived of his liberty by imprisonment as a result of a long-delayed trial in violation of his fundamental right under Article 21."
13 The aforesaid observations have resonated, time and again, in several judgments, such as Kadra Pahadiya & Ors. v. State of Bihar reported in (1981) 3 SCC 671 and Abdul Rehman Antulay v. R.S. Nayak reported in (1992) 1 SCC 225. In the latter, the court re-emphasised the right to a speedy trial and further held that an accused, facing a prolonged trial, has no option: "The State or complainant prosecutes him. It is, thus, the obligation of the State or the complainant, as the case may be, to proceed with the case with reasonable promptitude. Particularly, in this country, where the large majority of accused come from poorer and weaker sections of the society, not versed in the ways of law, where they do not often get competent legal advice, the application of the said rule is wholly inadvisable. Of course, in a given case, if an accused demands a speedy trial and yet he is not given one, it may be a relevant factor in his favour. But we cannot disentitle an accused from complaining of infringement of his right to a speedy trial 19 Neutral Citation No. ( 2025:HHC:21396 ) on the ground that he did not ask for or insist upon a speedy trial."
24. It was further held that if the State or any prosecuting agency, including the Court concerned, has no wherewithal to provide the right of speedy trial to the accused, then the bail should not be opposed on the ground that the crime is serious. It was observed:-
"19 If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime."
25. This position was reiterated in Balwinder Singh vs. State of Punjab SLP (Cr) 8523 of 2024 decided on 09.09.2024 wherein it was observed:
"7. An accused has a right to a fair trial, and while a hurried trial is frowned upon as it may not give sufficient time to prepare for the defence, an inordinate delay in the conclusion of the trial would infringe the right of an accused guaranteed under Article 21 of the Constitution.
8. It is not for nothing that the Author Oscar Wilde in "The Ballad of Reading Gaol" wrote the following poignant lines while being incarcerated:
"I know not whether Laws be right, Or whether Laws be wrong;
All that we know who be in jail 20 Neutral Citation No. ( 2025:HHC:21396 ) Is that the wall is strong;
And that each day is like a year, A year whose days are long."
26. Thus, the petitioner is entitled to bail because of a violation of his right to a speedy trial.
27. Deleted vide order dated 7.7.2025. 2
28. It was submitted that the petitioner has criminal antecedents. It was laid down by the Hon'ble Supreme Court in Ayub Khan v. State of Rajasthan, 2024 SCC OnLine SC 3763: 2024:
INSC:994 that the criminal antecedents may not be a reason to deny bail to the accused in case of his long incarceration. It was observed:
"10. The presence of the antecedents of the accused is only one of the several considerations for deciding the prayer for bail made by him. In a given case, if the accused makes out a strong prima facie case, depending upon the fact situation and period of incarceration, the presence of antecedents may not be a ground to deny bail. There may be a case where a Court can grant bail only on the grounds of long incarceration. The presence of antecedents may not be relevant in such a case. In a given case, the Court may grant default bail. Again, the antecedents of the accused are irrelevant in such a case. Thus, depending upon the peculiar facts, the Court can grant bail notwithstanding the existence of the antecedents."2
In compliance to order dated 7.7.2025, para 27 of the judgment stands deleted. 21
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29. Consequently, the present petition is allowed, and the petitioner is ordered to be released on bail in the sum of ₹1,00,000/- with one surety of the like amount to the satisfaction of the learned Trial Court. While on bail, the petitioner will abide by the following terms and conditions: -
(I) The petitioner will not intimidate the witnesses, nor will he influence any evidence in any manner whatsoever;
(II) The petitioner shall attend the trial on each and every hearing and will not seek unnecessary adjournments;
(III) The petitioner will not leave the present address for a continuous period of seven days without furnishing the address of the intended visit to the SHO concerned, the Police Station concerned and the Trial Court;
(IV) The petitioner will surrender his passport, if any, to the Court; and (V) The petitioner will furnish his mobile number and social media contact to the Police and the Court and will abide by the summons/notices received from the Police/Court through SMS/WhatsApp/Social Media Account. In case of any change in the mobile number or social media accounts, the same will be intimated to the Police/Court within five days from the date of the change.
30. It is expressly made clear that in case of violation of any of these conditions, the prosecution will have the right to file a petition for cancellation of the bail.
22
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31. The petition stands accordingly disposed of. A copy of this order be sent to the Jail Superintendent, Sub Jail, Solan, District Solan, H.P. , and the learned Trial Court by FASTER.
32. The observations made hereinabove are regarding the disposal of this petition and will have no bearing, whatsoever, on the case's merits.
33. A downloaded copy of this order shall be accepted by the learned Trial Court while accepting the bail bonds from the petitioner, and in case said Court intends to ascertain the veracity of the downloaded copy of the order presented to it, the same may be ascertained from the official website of this Court.
(Rakesh Kainthla) Judge 7th July, 2025 (Saurav pathania) Digitally signed by KARAN SINGH GULERIA Date: 2025.07.07 17:47:16 NPT