Supreme Court of India

Ashim @ Asim Kumar Haranath Bhattacharya @ Asim Harinath Bhattacharya @ Aseem Kumar Bhattacharya v. National Investigation Agency

Neutral citation
Reported as [2021] 9 S.C.R. 607
Bench Ajay Rastogi and Abhay S. Oka JJ.
Decided 1 December 2021

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that the appellant accused has made out a case for grant of post- arrest bail pending trial.

Judgment, page 7

From the headnote

Bail: Post-arrest bail – Trial for offence under Na tional Investigation Agency Act, 2008 – Charge sheet filed against the accused in 2012 while charges framed after seven years in 20 19 – Statement of de facto complainant still not completed – Large number of prosecution witnesses yet to be examined – Appellant-acc used in custody since 2012 and completed nine and a half ye ars of incarceration as undertrial prisoner – Appellant seeking bai l – Held: Deprivation of personal liberty without ensuring speedy tr ial is not consistent with Art.21 of the Constitution of India – While deprivation

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