The Gujarat High Court on Thursday granted regular bail to an individual accused under the Gujarat Terrorism and Control of Organised Crimes Act (GujCTOC), citing significant delays in the trial process. The court imposed specific conditions, including a prohibition on entering Gir Somnath district for six months.
Background of the Case
The Veraval police had registered a case under GujCTOC against the accused in connection with seven separate incidents involving bootlegging and gambling. Seeking relief from the high court through his advocate Vishvesh Acharya, the accused argued that he had been in custody since November 2025 and had never been implicated in any case suggesting his involvement with a syndicate or organized crime network.
Arguments Presented
During the hearing, the state government opposed the bail application, emphasizing the gravity of the charges under the special act. However, the defense countered that the prolonged detention without trial violated the fundamental right to a speedy trial.
Court's Observations
After reviewing the submissions, the high court noted that the accused was arrested in November 2025 and that the trial was unlikely to commence or conclude in the near future. The bench remarked, "...and therefore, considering the right to speedy justice as enshrined under Article 21 of the Constitution of India, in howsoever serious offence or under the special Act an accused is involved, on the ground of delay in trial, the accused is entitled to be released on bail without further discussing anything on merits."
Conditions Imposed
While granting bail, the court also barred the accused from entering Gir Somnath district for a period of six months. The court did not delve into the merits of the case, focusing solely on the constitutional right to a speedy trial.
This ruling underscores the judiciary's commitment to ensuring that even under stringent anti-terror and organized crime laws, the right to a timely trial remains paramount.
