Delhi HC Upholds Article 21: Bail Granted Over Endless Incarceration
The Delhi High Court granted bail to a man facing prolonged incarceration without trial, emphasizing the importance of Article 21 of the Indian Constitution, which protects personal liberty. The accused, involved in a 2022 cheating case, was held without trial, highlighting the judiciary's role in balancing criminal justice and individual rights.
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- India
The Delhi High Court has stressed the significance of Article 21 of the Indian Constitution, granting bail to a man embroiled in a 2022 cheating case due to prolonged incarceration without trial. The court underlined that such detention breaches the constitutional right to life and personal liberty.
Justice Amit Mahajan pointed out the prosecution's delay in framing charges and frequent adjournments over the past year. Given that the accused spent over two years in custody without trial progressing, the court deemed it necessary to release him on bail with stringent conditions.
The court emphasized the principle of preferring bail over jail, even in severe offences, to ensure fair judicial proceedings. This decision also included provisions to mitigate flight risks, like the possibility of issuing a lookout circular for the accused.
(With inputs from agencies.)