J&K High Court Grants Bail After 9 Years, Cites Right to Speedy Trial

The Jammu & Kashmir and Ladakh High Court granted bail to a murder accused who had been in custody for over 9 years, holding that prolonged detention tilts the balance in favour of liberty under Article 21.

The Court noted that several prosecution witnesses were yet to be examined, indicating further delay in the trial. It emphasised that continued detention without timely trial violates the right to a speedy trial.

While acknowledging the seriousness of the offence, the Court held that it cannot be the sole ground to deny bail.

It also noted inconsistencies in eyewitness accounts and granted bail subject to conditions.

[Bhopinder Singh v. State of J&K]