HC flags delay in bail plea, grants relief to accused

New Delhi

Underscoring that prolonged delays in deciding bail pleas amount to a violation of fundamental rights, the Delhi High Court has granted bail to an accused who has been in custody since October 2021.

In an order dated February 12, Justice Girish Kathpalia observed that it was “a matter of serious concern” that bail applications remained pending for “such inordinately long period before the Court of Sessions as well as this court”.

The court noted that the present bail plea was first listed on December 20, 2024, and was adjourned before different Benches. The judge recorded the “genuine” anguish expressed by counsel for the accused, Aman, who pointed out that the bail application had remained pending for 25 months before the trial court despite a request for an early hearing, and continued to remain undecided even after reaching the High Court.

Mr. Aman is among the accused in a 2021 case involving the fatal stabbing of one person and injuries to another during a quarrel. His counsel submitted that he has been in custody since October 24, 2021, and argued that the incident occurred in the spur of the moment.

The Additional Public Prosecutor opposed the bail plea. However, the prosecution conceded that all public witnesses had already been examined, reducing the likelihood of tampering with the evidence if the accused were released.

“It has been repeatedly observed in a plethora of judicial pronouncements that, whether it be allowed or dismissed, a bail application should not remain pending for such long periods. For that in itself is a trauma for the incarcerated accused and a violation of his fundamental rights,” the court observed.

“Considering the above circumstances, I do not find any reason to further deprive liberty to the accused/applicant,” Justice Kathpalia said, allowing the bail plea subject to conditions.