The Delhi High Court has clearly stated that any applicant seeking bail on the ground of delay in trial must submit the order sheets of the trial court. This is essential to show that the delay is not due to the applicant's own requests for adjournment.
“While seeking bail on the ground of delay in trial, it is incumbent upon the applicant to place on record the ordersheets of the trial court in order to rule out the possibility that the matter is being adjourned at request of the applicant himself,”
— Justice Girish Kathpalia, Delhi High Court
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This strong observation came while the Court was hearing a bail application filed by Phulmai Tamang @ Neha in a serious rape and human trafficking case under the POCSO Act and Juvenile Justice Act.
According to the complainant, a young girl from Nepal, she was brought to Delhi under the pretense of working as a domestic help. But instead, she was allegedly sold to the applicant, who was reportedly running a “kotha” (brothel). The victim claimed that she was forcibly confined, beaten, drugged, and then forced into prostitution, where she was made to have sexual relations with 20 men against her will.
The applicant’s lawyer argued that only one prosecutrix had been examined so far and that the trial was delayed, making it a valid reason for bail. It was further submitted that the applicant has already spent seven years in jail and no other bail ground was raised.
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However, the High Court dismissed the bail request, stressing that delay alone is not sufficient unless supported by proper documents. It also reminded that the Supreme Court had previously denied bail but allowed the applicant to apply again if the trial faced unreasonable delay.
“No doubt, delay in trial is a ground for grant of bail. But that is not the only ground. The Court has to keep in mind overall circumstances in the light of judicially sanctified parameters for grant of bail,”
— Delhi High Court
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The Court observed that the applicant failed to submit trial court order sheets, which could have shown whether the delay was genuine or caused by her own actions or requests for adjournments.
The High Court was firm in its stand that just spending time in jail is not an automatic ground for bail. The nature of the crime, gravity of allegations, and public interest must also be considered.
“Considering the above circumstances, I do not find it a fit case to grant bail to the accused/applicant. The application is dismissed,”
— Delhi High Court
Title: PHULMAI TAMANG @ NEHA v. STATE OF NCT OF DELHI
