Saurav Negi Vs State of Hp

The petitioner has filed the present petition for seeking regular bail in FIR No. 40 of 2023, dated 15.5.2023, registered for the commission of offences punishable under Sections 302, 364, 341, 323, 356, 201 and 506 of the Indian Penal Code (IPC) at Police Station Kotkhai, District Shimla, HP.

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Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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It has been asserted that, as per the prosecution, Deepak Shahi (since deceased) was beaten and taken in the vehicle bearing registration No. HP-52A-7746. The police searched the vehicle and found it parked at Dunga Thach. Deepak Shahi was found lying on the rear seat having bleeding injuries. The petitioner was found sitting in the driver’s seat. The police registered the FIR and conducted an investigation. Deepak Shahi succumbed to his injuries on 15.5.2023, and the petitioner was arrested. The police have filed the charge sheet and only examined three witnesses so far. The informant is a resident of Nepal who has left for Nepal, and his whereabouts are not known. Anush (PW2), another eyewitness, has not supported the prosecution’s case. The petitioner has been in custody for more than two years. He would abide by the terms and conditions which the Court may impose. Various FIRs were registered against the petitioner, but he was acquitted in them except in FIR No. 24 of 2022. Hence, the petition.

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The petition is opposed by filing a status report asserting that the police received the information regarding the quarrel on 14.5.2023. The police went to the spot to verify its correctness. Keshav Shahi told the police that his brother

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Deepak Shahi was beaten and taken in a vehicle bearing registration No. HP-52A-7746. The police searched for the vehicle and found it parked at Dunga Thach. Deepak Shahi was lying on the rear seat, and blood was coming out of his body. The petitioner was sitting in the driver’s seat, and he appeared to be under the influence of some drug. Deepak Shahi was sent to the hospital, from where he was referred to a higher centre for treatment. Informant Keshav Shahi made a statement that when he and Deepak Shahi were going to their home on 14.5.2023, the petitioner stopped them and gave beatings to Deepak Shahi. When Keshav Shahi tried to rescue his brother, he was also beaten. Deepak Shahi was taken in the vehicle bearing registration No. HP-52A-7746. The police registered the FIR and conducted the investigation. Deepak Shahi subsequently succumbed to his injuries. The police arrested the petitioner. The petitioner made a disclosure statement under Section 27 of the Indian Evidence Act and recovered the slippers worn by him on the date of the incident. As per the report of postmortem examination, the deceased died due to an intracranial bleed and subarachnoid blood over the brain stem. The final opinion was reserved. As per the report of analysis, human blood was

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detected on the clothes of the petitioner and the deceased. The petitioner and the deceased were also under the influence of liquor. The challan was prepared and presented before the Court. Four FIRs were registered against the petitioner. He would indulge in the commission of a similar offence in case of his release on bail. Hence, the status report.

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I have heard Mr. Ajay Kochhar, learned Senior Counsel assisted by Mr. Bhairav Gupta, learned counsel for the petitioner and Mr. Ajit Sharma, learned Deputy Advocate General, for the respondent-State.

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Mr. Ajay Kochhar, learned Senior Counsel for the petitioner, submitted that the petitioner is innocent and was falsely implicated. The petitioner was arrested on 15.5.2023. The police have already filed the charge sheet, but have failed to complete the evidence. Statements of only four witnesses out of 34 witnesses have been recorded, and the right to a speedy trial of the petitioner is being violated. Therefore, he prayed that the present petition be allowed and the petitioner be released on bail. He relied upon the judgments in Rajeev Sharma v. State of H.P., Cr. Appeal No. 2801 of 2025, decided on 21.5.2025, Mukesh

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Kumar Vs. State of Rajasthan & Anr. Special Leave to Appeal (Crl.) No. 11714 of 2022, decided on 15.2.2023, Zahur Haider Zaidi Vs. CBI (2019) 20 SCC 404, Robin Patrwal Vs. State of H.P. Cr.MP(M) No. 1942 of 2023, decided on 21.8.2023, Umesh and another Vs. State of H.P. 2025:HHC:19162, Sansar Chand Vs. State of H.P. 2023:HHC:7766, Hemant Kumar Vs. State of H.P. 2025:HHC:21396 and Pankaj Kumar Vs. State of H.P. 2023 SCC OnLine HP 394 in support of his submission.

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Mr. Ajit Sharma, learned Deputy Advocate General, for the respondent-State, submitted that the petitioner is involved in the commission of a heinous offence which is punishable with capital punishment. He would indulge in a similar crime in case of his release on bail. Therefore, he prayed that the present petition be dismissed.

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I have given considerable thought to the submissions made at the bar and have gone through the records carefully.

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The parameters for granting bail were considered by the Hon’ble Supreme Court in Ramratan v. State of M.P., 2024 SCC OnLine SC 3068, wherein it was observed as follows: -

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“12. The fundamental purpose of bail is to ensure the accused's presence during the investigation and trial. Any

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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 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:

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“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)

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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: —

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“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, effective in the pragmatic sense, and

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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)

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14. This Court, in Dilip Singh v. State of Madhya Pradesh (2021) 2 SCC 779 , laid down the factors to be taken into consideration while deciding the application for bail and observed:

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“ 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)

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The present petition has to be decided as per the parameters laid down by the Hon’ble Supreme Court.

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A perusal of the status report shows that Deepak Shahi (deceased) was beaten and taken in the vehicle bearing

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registration No. HP-52A-7746. The police searched for the vehicle and found it parked at Dunga Thach. Deepak Shahi was lying on the rear seat of the vehicle, and blood was coming out of his mouth. He subsequently succumbed to his injuries. Prima facie, the recovery of the deceased Deepak Shahi from the vehicle being driven by the petitioner shows his involvement in the commission of crime.

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It was submitted that there is a delay in the progress of the trial which is not attributable to the petitioner. The certified copies of the order sheets show that the case was received by way of committal by the learned Sessions Judge on 21.8.2023, who assigned it to the learned Additional Sessions Judge-II, Shimla. The charges were framed on 21.3.2024, and the statements of one witness each were recorded on 19.9.2024, 11.11.2024 and 19.12.2024. Statements of two witnesses were recorded on 13.6.2025. Thus, the statements of only five witnesses have been recorded so far.

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The order sheets show that the summons and bailable warrants were issued to secure the presence of the witnesses; however, the witnesses did not appear, and the

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summons and bailable warrants were also not returned to the Court. The order sheets maintained by the learned Trial Court corroborate the petitioner’s version that his right to a speedy trial is being violated. In Rajiv Sharma (supra), the Hon’ble Supreme Court held that where the charges were not framed for more than one year and one month in an offence punishable under Section 302 inter alia , the right to speedy trial of the accused was violated. In Mukesh Kumar (supra), the Hon’ble Supreme Court held that incarceration of the accused in an offence punishable under Section 302 of IPC for fourteen months without conclusion of the trial violates the right to speedy trial. In Zahur Haider Zaidi (supra), the custody of the accused in an offence punishable under Section 302 of the IPC without completing the trial was held to be unjustified. In Robin Patrwal (supra), this Court held that custody of two years for an offence punishable under Section 302 of the IPC entitled him to bail. In Umesh (supra), the custody of one year and two months in an offence punishable under Section 302 of the IPC was held to be sufficient to release the accused on bail. In Sansar Chand (supra), the custody of one year and ten months in an offence punishable under Section 302 of IPC inter alia was held to be sufficient to

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justify his release on bail. In Hemant Kumar (supra), the custody of two years in an offence punishable under Section 302 of the IPC was held to be sufficient to enlarge him on bail. In Pankaj Kumar (supra), the custody of the accused in an offence punishable under Section 302 of IPC for one year and one month without concluding the trial was held to be sufficient to enlarge the accused on bail.

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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 at page 298:

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“13. Article 12 of the Universal Declaration of Human Rights, 1948, assures that:

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“ 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.”

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14. More recently, the European Convention on Human Rights in Article 6(1) promises that:

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“ 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….”

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and in its second sub-article, that:

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“ 6. (2) Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.”

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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)] .

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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)

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“ 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.

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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)

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‘ 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

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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. 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.”

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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.”

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It was held in the Shaheen Welfare Association. v.

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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:

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“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 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.”

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Similarly, it was laid down by the Hon’ble Supreme Court in Jagjeet Singh v. Ashish Mishra , (2022) 9 SCC 321: (2022) 3

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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:

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“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

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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] ).”

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It was laid down in Mohd. Muslim v. State (NCT of Delhi), (2023) 18 SCC 166: 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 at page 174: -

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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 [Vaman Narain Ghiya v. State of Rajasthan, (2009) 2 SCC 281 : (2009) 1 SCC (Cri) 745 : (2008) 17 SCR 369] (“ 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 [Kartar Singh v. State of Punjab, (1994) 3 SCC 569: 1994 SCC (Cri) 899: (1994) 2 SCR 375] made observations to this effect. In Shaheen Welfare Association. v. Union of India [Shaheen Welfare Assn. v. Union of India, (1996) 2 SCC 616: 1996 SCC (Cri) 366: (1996) 2 SCR 1123] 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

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parliamentary intervention is based on: (Shaheen Welfare case [Shaheen Welfare Assn. v. Union of India, (1996) 2 SCC 616: 1996 SCC (Cri) 366: (1996) 2 SCR 1123] , SCC p. 624, para 17)

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“ 17 . … a conscious decision has been taken by the legislature to sacrifice to some extent, the personal liberty of an undertrial 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 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.”

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The Court highlighted the effects of pre-trial

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detention and the importance of a speedy trial as under at page

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178:

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“23. 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 on 31-12-2021, over 5,54,034 prisoners were lodged in jails against a total capacity of 4,25,069 prisoners in the country [ National Crime Records Bureau, Prison Statistics in India <https://ncrb.gov.in/sites/default/files/PSI-2021/Executi ve_ncrb_Summary-2021.pdf>]. Of these, 1,22,852 were convicts; the rest, 4,27,165, were undertrials.

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24. 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 [A Convict Prisoner v. State, 1993 SCC OnLine Ker 127: 1993 Cri LJ 3242 ] as “ a radical transformation ” whereby the prisoner: (SCC OnLine Ker para 13)

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“ 13 . … 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.”

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25. 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 23-3-2023).] ). 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.”

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It was laid down by the Hon’ble Supreme Court recently in Javed Gulam Nabi Shaikh v. State of Maharashtra

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(2024) 9 SCC 813: 2024 SCC OnLine SC 1693 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 at page 817: -

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“ 10. Long back, in Hussainara Khatoon (1) v. State of Bihar [Hussainara Khatoon (1) v. State of Bihar, (1980) 1 SCC 81: 1980 SCC (Cri) 23] , 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”. Remarking that a valid procedure under Article 21 is one which contains a procedure that is “reasonable, fair and just”, it was held that: (SCC p. 89, para 5)

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“ 5 . … 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 longdelayed trial in violation of his fundamental right under Article 21.”

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11. The aforesaid observations have resonated, time and again, in several judgments, such as Kadra

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Pahadiya v. State of Bihar [Kadra Pahadiya v. State of Bihar, (1981) 3 SCC 671: 1981 SCC (Cri) 791] and Abdul Rehman Antulay v. R.S. Nayak [Abdul Rehman Antulay v. R.S. Nayak, (1992) 1 SCC 225: 1992 SCC (Cri) 93] . 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: ( Abdul Rehman Antulay case [Abdul Rehman Antulay v. R.S. Nayak, (1992) 1 SCC 225: 1992 SCC (Cri) 93] , SCC p. 269, para 84)

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“ 84 . … 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 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 on the ground that he did not ask for or insist upon a speedy trial.”

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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 at page 820:

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17. 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

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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.

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18. We may hasten to add that the petitioner is still an accused, not a convict. The overarching postulate of criminal jurisprudence that an accused is presumed to be innocent until proven guilty cannot be brushed aside lightly, however stringent the penal law may be.

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19. We are convinced that the manner in which the prosecuting agency, as well as the Court, have proceeded, the right of the accused to have a speedy trial could be said to have been infringed, thereby violating Article 21 of the Constitution.

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This position was reiterated in Balwinder Singh v.

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State of Punjab, 2024 SCC OnLine SC 4354, wherein it was observed:

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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.

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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:

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“I know not whether Laws be right,

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Or whether Laws be wrong;

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All that we know who be in jail

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Is that the wall is strong;

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And that each day is like a year,

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A year whose days are long.”

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In the present case also, the certified copy of the order sheets shows that the case is getting adjourned because of the failure of the prosecution to serve the witnesses or produce them on the date fixed. The conduct of the trial shows that the State is interested in keeping the petitioner behind the bars without concluding the trial. This is also apparent from the fact that even the police officials did not appear before the Court despite the issuance of the summons and the bailable warrants. The prosecution has examined only 05 witnesses out of 34 witnesses cited by it. The learned Trial Court also summoned the witnesses at Serial Nos. 7 and 9 for 2.9.2025, which also shows that the learned Trial Court is also not interested in concluding the trial expeditiously, or otherwise it would have summoned all the witnesses instead of two. Hence, the grievance of the petitioner that his right to a speedy trial is being violated appears to be justified.

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In view of the above, 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: -

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(I) The petitioner will not intimidate the witnesses, nor will he influence any evidence in any manner whatsoever;

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(II) The petitioner shall attend the trial on each and every hearing and will not seek unnecessary adjournments;

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(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;

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(IV) The petitioner will surrender his passport, if any, to the Court; and

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(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.

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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.

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The petition stands accordingly disposed of. A copy of this order be sent to the Jail Superintendent, District Jail, Kaithu, Shimla, H.P. and the learned Trial Court by FASTER.

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The observations made hereinabove are regarding

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the disposal of this petition and will have no bearing, whatsoever, on the case's merits.

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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.

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( Rakesh Kainthla) Judge

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18^th August 2025 (Chander)

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Digitally signed by CHANDER SHEKHAR

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CHANDER CHANDER SHEKHAR SHEKHAR Date: 2025.08.18 10:41:41 +0530

Saurav Negi v. State of Hp

Case brief

What is this about?

What did the court decide?

Saurav Negi v. State of Hp

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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