Regular Bail Granted After Six-Year Delay; Emphasis on Presumption of Innocence and Prolonged Trial
Case-Laws
GST
The HC granted regular bail to the petitioner, who was nominated after a six-year delay in a case filed in 2019. The petitioner had already undergone incarceration for 2 months and 19 days, and similarly situated co-accused had been granted bail. The Court noted the petitioner's clean antecedents and emphasized the presumption of innocence until proven guilty beyond reasonable doubt. Since the challan was filed recently and none of the 40 prosecution witnesses had been examined, the trial was expected to be protracted. Prolonged detention was deemed unnecessary. The petitioner was ordered to be released on furnishing bail and surety bonds to the satisfaction of the trial Court/Duty Magistrate. The petition was allowed in accordance with established criminal jurisprudence favoring bail as the norm and detention as the exception.
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