AJEET SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court for grant of bail in case FIR No. 123/2020, dtd. 5/8/2020, registered under Sec. 302 of the Indian Penal Code and Sec. 25/54/59 of the Indian Arms Act, at Police Station Theog, District Shimla, H.P.

(2.) Petitioner is in custody since 5/8/2020.

(3.) Petitioner has prayed for grant of bail on the ground that, though, he has been charged for commission of offence under Sec. 302 of the Indian Penal Code, but there is no legal evidence to support such charge. It is submitted on behalf of the petitioner that despite lapse of more than two years and six months since his custody, the trial has not been concluded. Petitioner cannot be allowed to remain in custody for indeterminate period. He has a right to speedy trial. It is further submitted that all the material witnesses have already been examined and only the police officials remain to be examined. As per petitioner, the sole eye witness of the case has not supported the charge framed against petitioner. Petitioner is stated to be permanent resident of Village Kello Jubbar, P.O. Mahori, District Shimla, H.P. It is submitted that there is no likelihood of his absconding or fleeing from the course of justice.