Trial separated and enlarged on bail after 7 years of languishing in Jail


In the case of State Vs. Rajender (name changed) & Ors. an FIR was lodged in 2013, U/s 302 (Murder)/34 IPC, P.S. Mundka, Delhi wherein the allegation was that the accused Rajender alongwith his companions committed murder of one Sahil (name changed). Accused Rajender was arrested on 02.11.2013 and since then he was languishing in jail facing his trial before the Sessions Court, Tis Hazari Court, Delhi. Since the other co-accused were absconding therefore, the Trial Court commenced the trial against accused Rajender who hailed from Bihar and was doing small job at Delhi. While his trial was at the stage of conclusion as the entire prosecution evidence was completed, at that time in 2018, his co-accused was arrested and the trial against Co-accused commenced while the further proceedings in the trial of accused Rajender was kept in abeyance since the trial of the co-accused had started.

The accused Rajender was totally helpless and in a precarious condition as he had already suffered six years of imprisonment and there was no possibility of him getting the bail or the conclusion of trial since the other co-accused was caught later on and the proceeding against them was to take long time to conclude.

Accused Rajender came in contact with our NGO through our jail visiting volunteer advocate and sought our help. We immediately started working on his case on pro bono basis purely on humanitarian and compassionate ground and filed the applications for separation of his trial from the other co-accused and early conclusion of his trial since it was pending for last more than six years. On the merits of the arguments of our Chief Trustee Mr. Ajay Garg, Advocate, the application for separation of trial was allowed by the Ld. Trial Court vide order dated 22.12.2018 and the trial of accused Rajender was separated from the other co-accused.

Simultaneously we also filed bail application for accused Rajender which was based on different grounds like lack of incriminating evidence against accused Rajender; his long length of incarceration, his poverty and the condition of his dependents etc. The said bail application was argued by us and the Ld. Trial Court vide order dated 12.12.2019 was pleased to grant the bail to the accused Rajender. After the grant of bail, our NGO completed other formalities of furnishing the sureties and got him released from the jail and helped him in re-uniting with his family after about six years of judicial custody.