17. Reliance is also placed upon judgment dated 17.9.2021,
passed by the Hon'ble Apex Court in Petition(s) for Special Leave to
of
Appeal (Crl.) No. 2543 of 2021, in Chintan Vidyasagar Upadhyay v. the
State of Maharashtra, relevant paras whereof read as under:
17. Reliance is also placed upon judgment dated 17.9.2021,
passed by the Hon'ble Apex Court in Petition(s) for Special Leave to
of
Appeal (Crl.) No. 2543 of 2021, in Chintan Vidyasagar Upadhyay v. the
State of Maharashtra, relevant paras whereof read as under:
17. Reliance is also placed upon judgment dated 17.9.2021,
passed by the Hon'ble Apex Court in Petition(s) for Special Leave to
Appeal (Crl.) No. 2543 of 2021, in Chintan Vidyasagar Upadhyay v. the
State of Maharashtra, relevant paras whereof read as under:
(921)BA-1012-2022.doc
9] Reliance is also placed upon order of the Hon'ble Apex Court in
the case of Chintan Vidyasagar Upadhyay vs. State of Maharashtra
in Special Leave to Appeal(Crl.)No(s).2543/2021,where incarceration
of six years and time likely to be consumed in concluding the trial was
considered to be a fit ground to release the Applicant on bail.
05. Learned counsel for the applicant/accused argued that accused being in
continuous custody since his arrest in the year 2017, has suffered long
incarceration, as against his right of speedy trial; that out of 28 prosecution
witnesses, only 10 PWs have been examined, prosecution has barely examined
50% of them. He further argued that there cannot be any risk of tampering the
evidence; that applicant is deep rooted in society and, thus, there is no risk of
his fleeing/absconding/evading his prosecution during trial, if he is admitted to
bail. It was, finally, prayed that on the ground of long incarceration the
applicant be admitted to bail. In support of his contentions, the learned counsel,
has relied upon the judgment of the Apex court in the cases of 'Petition for
Special Leave to Appeal (Crl.) No.1398/2026 titled 'Anoop Singh V. U.T. of
J&K' decided on 03.02.2026, 'Chintan Vidyasagar Upadhyay V. State of
Maharashtra' reported as AIR ONLINE 2021 SC 1383; 'Niranjan Das Alias
Niru Das Alias Mahanto V. State of West Bengal' reported as AIR 2023 SC
5758; and judgment of this court in Bail App No.141/2024 titled 'Khalid
Hussain V. State of J&K' decided on 20.11.2025 and in Bail App.