Court emphasizes right to speedy trial, releases accused citing prolonged custody and lack of direct involvement in crime.
In a significant judgment, the Delhi High Court has granted bail to two accused, Vikas and Aarush @ Bunty, who have been in custody for six years without a timely trial. The court highlighted the constitutional right to a speedy trial, protected under Article 21, as a crucial factor in its decision.
The case involved a crime registered under FIR No. 284/2020 for offences including murder and conspiracy under the Indian Penal Code, and related sections of the Arms Act, at Sonia Vihar Police Station. Despite the serious nature of the allegations, the trial's slow progress and the prolonged incarceration of the accused led the court to intervene.
The prosecution argued against bail, emphasizing the recovery of weapons linked to the crime from the accused and their alleged roles in the conspiracy. However, the court noted the lack of an overt role for the accused in the incident, as per the testimony of the key eyewitness, Vikas Bhati @ Vickey, who is also the deceased's brother.
The court acknowledged the applicants' previous bail rejection but recognized a change in circumstances, notably the trial's slow pace. Since the rejection, only three additional witnesses have been examined, and the trial remains far from conclusion.
Citing precedents from the Supreme Court, including "Satender Kumar Antil v. CBI" and "Union of India v. K.A. Najeeb," the court underscored that prolonged pre-trial detention infringes on personal liberty and is unjustifiable when the trial's conclusion is not foreseeable. The court also criticized the investigating officer's repeated absences, which contributed to the trial delays, urging the Commissioner of Police to ensure better cooperation from investigating officers in future cases.
The bail was granted with the condition that the terms would be set by the trial court. The judgment reinforced the principle that bail is a rule, not an exception, and pre-trial incarceration should not equate to punishment.
Bottom Line :
Bail application allowed for accused with six years of incarceration due to slow trial progress and absence of overt role as per the testimony of the witness. Emphasis placed on the right to a speedy trial under Article 21 of the Constitution.
Statutory provision(s): Article 21 of the Constitution of India, Sections 302/34, 302/120-B/34 of the Indian Penal Code, 25/27 of the Arms Act.
Vikas v. State Govt of NCT of Delhi, (Delhi) : Law Finder Doc id # 2965770
