HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34439 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Heard Sri Irshad Mohammad, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.937 of 2018, under Sections 302 IPC, Police Station Sector 39, District Gautam Budh Nagar during pendency of the trial. 3. Learned counsel for the applicant submits that however, applicant is sole accused and according to the prosecution he committed the murder of the deceaed, i.e., mother of the informant but applicant is deaf and dumb person and in the present matter he is in jail since 16.10.2018, i.e., for almost eight years. 4. He further submits that in the charge sheet there are 15 witnesses and till date only six witnesses could be examined and, therefore, trial of the case is moving with languid pace and there is no hope of its early disposal. 5. He further submits that right of speedy trial is the fundamental right of an accused and on its violation even in serious cases he can be released on bail and considering long detention of applicant of about eight years it cannot be said that his fundamental right of speedy trial has not been infringed. 6. He further argued that applicant is not having any previous criminal history. Versus Counsel for Applicant(s) : Irshad Mohamad, Noor Mohammad Counsel for Opposite Party(s) : G.A. Inderraj .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Per contra, learned AGA opposed the prayer for bail and submits that applicant is the sole acused and daughter of the deceased was the eye witness and she categorically stated that applicant committed her murder but he could not dispute the fact that in the present matter applicant is in jail since 16.10.2018, i..e, for almost eight years and till date out of 15 witnesses only six witnesses could be examined. 8. Learned AGA further could not dispute the fact that applicant is deaf and dumb person and he is not having any other criminal history and there is no evidence that he is delaying the trial in any manner. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is sole accused and eye witness, i.e., daughter of the deceased also stated that he committed the murder of her mother but it reflects that in the present mater applicant is in jail since 16.10.2018, i.e., for almost eight years and till date out of 15 witnesses only six witnesses could be examined and, therefore, it appears that trial of the case is moving with sluggish pace and there is no likelihood of its early disposal. 11. This Court finds merit in the argument advanced by the learned counsel for the applicant that right of speedy trial is the fundamental right of an accused and on its violation even in serious cases he can be released on bail and considering the fact that applicant is detained in jail for almost eight years, it cannot be said that his fundamental right of speedy trial has not been infringed particularly considering the fact that there is no allegation that applicant is delaying the trial in any manner. 12. The Apex Court in the case of Sahil Manoj Machare Vs. State of Maharashtra , 2026 SCC OnLine SC 810 while considering the SLP moved by accused, who was in jail for the last four years in case of murder observed in paragraph-6 as: "6.We are mindful of the fact that the petitioner is charged with the offence of murder but time and again, we have said that howsoever serious the crime may be, if the right of speedy trial is infringed, then Court may consider the plea for bail appropriately." 13. Further, even it reflects that applicant is deaf and dumb person and he BAIL No. 34439 of 2026 2 is not having any previous criminal history to his credit. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant-Inderraj be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 17. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 18. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. September 28, 2026 SKM BAIL No. 34439 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad