Delhi High Court grants bail after 25-month delay, flags concern over prolonged bail pendency

Expressing concern over the prolonged pendency of a bail plea, the Delhi High Court has granted bail to an accused who has been in custody since October 2021, observing that keeping bail applications pending for inordinately long periods amounts to trauma and violates fundamental rights.

In an order passed on February 12, Justice Girish Kathpalia observed, “it is 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 application in the present case was first listed on December 20, 2024, before a predecessor bench and was thereafter adjourned before different benches. It came up before the present judge for the first time only now.

The judge recorded the “genuine” anguish expressed by counsel for the accused Aman that the bail plea had remained pending for 25 months before the trial court, despite an early hearing request, and continued to remain undecided even before the High Court.

Mr. Aman is one of the accused in a case of fatally stabbing one person and injuring another during a sudden quarrel in 2021.

Counsel for the accused 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, and therefore there was no likelihood of the accused tampering with evidence if released.

“It has been repeatedly observed in plethora of judicial pronouncements that whether it be allowed or be dismissed, a bail application should not remain pending for such long periods. For, that in itself is a trauma for the incarcerated accused and 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. Therefore, the bail application is allowed and accused/applicant is directed to be released on bail subject…,” the court ordered.