The Delhi High Court expressed serious concern about the prolonged delays in deciding bail pleas, stating that such delays cause trauma to incarcerated individuals and violate their fundamental rights. Justice Girish Kathpalia, in a recent order, granted regular bail to an accused in a 2021 murder case, highlighting that the bail application had been pending for 25 months before the trial court and continued to remain unresolved before the Delhi High Court. The accused, named Amir, had sought bail in connection with an FIR filed at Seemapuri police station under various sections of the IPC.
The incident involved a quarrel where one of the co-accused allegedly stabbed a person who later succumbed to injuries, leading to an attack on another individual who tried to intervene. Amir was accused of restraining one of the victims during the assault. The defense argued that the incident was spontaneous and that the injured witness had already testified before the trial court. Despite opposition from the prosecution citing the gravity of charges, it was acknowledged that all public witnesses had been examined, and there was no risk of evidence tampering if the accused was granted bail.
The Delhi High Court criticized the unacceptable delays in deciding bail applications, emphasizing the importance of expeditious disposal of such matters. Justice Kathpalia stressed that prolonged pendency of bail applications is traumatic for the accused and a violation of their rights. Considering the extended custody and trial stage, the court ruled in favor of granting bail to the applicant, directing his release upon fulfilling specified conditions.
