LOVELY Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition filed under Sec. 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), the petitioner is seeking bail in case FIR No. 35/2022, dtd. 20/2/2022, under Ss. 302 and 201 of the Indian Penal Code (for short 'IPC'), registered at Police Station Damtal, District Kangra, H.P.

(2.) The facts giving rise to the instant petition can be summarized as under:

(3.) The bail application has been filed by the petitioner on the ground that he is innocent and has been falsely implicated in the present case. The learned counsel for the petitioner contended that the petitioner is in judicial custody since 22/2/2022 and the trial is not going to be completed in near future, as till date, out of total 21 witnesses cited by the prosecution only 12 witnesses have been examined, therefore, the petitioner deserves to be released on bail, as no fruitful purpose would be served by keeping him behind the bars for an unlimited period. He further contended that there is inordinate delay in conclusion of trial, which infringes upon the right of speedy trial of the petitioner, as such, he is entitled to be released on bail on the ground that his right of speedy trial has been violated.