Court Highlights Extraordinary Delay and Upholds Right to Fair and Speedy Trial under Article 21
In a significant decision, the Allahabad High Court has granted anticipatory bail to Ajay Kumar @ Chingi and Ram Chandra in a case pending for over two decades. The case, which originated from an FIR registered in 2001 under Sections 363 and 366 of the Indian Penal Code, involved the alleged abduction of a minor girl. Over the years, the accused and the alleged victim have reconciled and are now living together as a married couple, blessed with three children.
Justice Rajeev Bharti, presiding over the case, expressed deep concern over the prolonged delay in proceedings, which he deemed incompatible with the constitutional guarantee of a fair and speedy trial as enshrined in Article 21 of the Constitution of India. The Court underscored that justice should not become a casualty of institutional inaction and endless adjournments.
The case had been dormant for a significant period before bailable warrants were issued by the trial court to ensure the presence of the applicants. Represented by Advocate Ghulam Mohammad Kamil, the applicants argued the case's antiquity and the current peaceful matrimonial life of Ajay Kumar and the victim. The prosecution, represented by the Government Advocate, opposed the bail but could not contest the factual assertions.
In light of the submissions, the absence of any criminal history, and the precedent set by the Supreme Court in Musheer Alam v. The State of U.P., the High Court found it expedient to protect the liberty of the applicants. The Court directed them to surrender before the trial court within two weeks, upon which they would be released on anticipatory bail subject to specific conditions. These conditions include refraining from tampering with evidence or influencing witnesses, and restrictions on international travel without prior court permission.
The Court made it clear that the observations made in granting bail should not influence the trial Judge's independent opinion during the trial proceedings. This decision exemplifies the judicial system's commitment to upholding constitutional rights, even in long-pending cases.
Bottom Line:
Grant of anticipatory bail in a case pending for over two decades where the accused and victim have reconciled and are living a peaceful matrimonial life. Court emphasizes the constitutional guarantee of a fair and speedy trial under Article 21 of the Constitution of India.
Statutory provision(s): Article 21 of the Constitution of India, Sections 363 and 366 of the Indian Penal Code, Section 438 of the Criminal Procedure Code, Section 482 of the Criminal Procedure Code.
Ajay Kumar @ Chingi v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2942430
