A policeman accused of killing a man and dubbing him a "terrorist" has been granted bail by the Jammu and Kashmir and Ladakh High Court, 18 years after his arrest.
After 18 Years, Policeman Granted Bail In 'Fake Encounter' Case In J&K
'This is a clear cut case of violation of Article 21 on account of delayed trial,' Justice Atul Sreedharan said.
Bansi Lal, 56, was part of a police team alleged to have shot dead an "innocent" man in 2006, later claiming he was a terrorist.
Justice Atul Sreedharan passed the order on July 3, saying, "This is a clear cut case of violation of Article 21 on account of delayed trial."
The cop had never been granted relief in the case, except for a few months when he was out on interim bail, the counsel further said. The case was heard through videoconferencing.
“There are a total of 72 witnesses in this case, out of which only 28 have been examined in the last 17 years. This court is astounded by the facts of this case. This is a clear cut case of violation of Article 21 on account of delayed trial. The trial is delayed at the stage of prosecution witnesses. The state is unable to show how the delay could be attributed to the applicant,” the order said.
“He being a member of the police, had been charged with the murder of an innocent man projecting him to be a terrorist,” the order mentioned.
Under the circumstances, the court said the applicant was to be released on bail forthwith, upon furnishing a personal bond of Rs 50,000 and one surety of the like amount to the satisfaction of the registrar.
(With agency inputs)
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