AMIT AGRAWAL vs STATE OF NCT DELHI & ORS.

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 1st May, 2025 + BAIL APPLN. 4475/2024 & CRL.M.A. 36662/2024 AMIT AGRAWAL .....Petitioner Through: Mr. Tanveer Ahmed Mir, Senior Advocate with Ms. Ariana D. Ahluwalia, Advocate. versus STATE OF NCT DELHI & ORS. .....Respondents Through: Mr. Tarang Srivastva, APP for the State. Inspector Kuldeep Bhoriya, EoW. Mr. Satish Aggarwala, Senior Standing Counsel with Mr. Gagan Vaswani, Advocate for Customs. HON’BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI J U D G M E N T ANUP JAIRAM BHAMBHANI J. How long is long enough, before a court realises that an undertrial has been in custody for too long, and the constitutional promise of speedy trial has been repudiated ? It is this concern that is at the heart of the present judgement. 2. By way of this petition filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita 2023 (‘BNSS’), the petitioner seeks regular bail in case FIR No. 0077/2023 dated 14.10.2023 registered under sections 406/420/467/468/471/120-B/34 of the Indian Penal Code, 1860 (‘IPC’) at P.S.: Economic Offences Wing, Delhi. Signature Not Verified Signed By:ANJALI KAUSHIK Signing Date:01.05.2025 15:13:54 BAIL APPLN. 4475/2024 Page 1 of 15 3. Notice on this petition was issued on 06.12.2024; pursuant to which Status Report dated 20.01.2025 has been filed on behalf of the State. Reply dated 03.02.2025 has also been filed on behalf of the Customs Department – the complainant in the subject FIR. 4. Nominal Roll dated 20.01.2025 has been received from the concerned Jail Superintendent. 5. The court has heard Mr. Tanveer Ahmed Mir, learned senior counsel appearing on behalf of the petitioner; Mr. Tarang Srivastava, learned APP appearing on behalf of the State; as well as Mr. Satish Aggarwala, learned Senior Standi