Allahabad High Court
Baaljeet vs State Of U.P. on 3 August, 2023
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:155908 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1119 of 2022 Applicant :- Baaljeet Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Dubey,Abhilasha Singh,Amit Rai,Avesh Pratap Singh,Mukul Yadav Counsel for Opposite Party :- G.A.,Ram Shiromani Yadav Hon'ble Ajay Bhanot,J.
Heard Shri Mukul Yadav, learned counsel for the applicant, Shri Paritosh Kumar Malivya, learned A.G.A.-I for the State and Shri Rajendra Prasad, learned counsel holding brief of Shri Ram Shiromani Yadav, learned counsel for the informant.
By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.177 of 2021 at Police Station-Dhanari, District-Sambhal under Sections 302, 504 IPC. The applicant is in jail since 23.08.2021.
The bail application of the applicant was rejected by the learned trial court on 10.12.2021.
The applicant has been identified as the sole principal offender who discharged his firearm at shot at the deceased. The witnesses and the medical evidence corroborate the prosecution case. The offence is grave. There is likelihood that the applicant committed the offence.
At this stage, this Court will not like to go further into appraisal of evidence as it might prejudice the trial.
No case for bail is made out. The bail application is dismissed.
Considering the gravity of the offence, interest of justice will be served by directing the learned trial court to expedite the trial within a stipulated period of time.
The trial court is directed to conclude the trial within a period of one year from the date of receipt of a certified copy of this order. The learned trial court shall proceed with the hearing on a day to day basis to ensure that the above stipulated timeline of one year is strictly adhered to. All witnesses and counsels are directed to cooperate with the trial proceedings.
The trial court has also to be conscious of the rights of the accused persons and is under obligation of law to ensure that all expeditious, necessary and coercive measures as per law are adopted to ensure the presence of witnesses. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel.
The learned trial court shall issue summons by regular process as per Section 62 Cr.P.C. and also by registered post as provided under Section 69 Cr.P.C. to expedite the trial.
The learned trial court shall promptly take out all strict coercive measures against all the witnesses in accordance with law who fail to appear in the trial proceeding. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel.
The Superintendent of Police, Sambhal as well as the police authorities shall ensure that warrants or any coercive measures as per law taken out by the learned trial court to ensure that the attendance of the witnesses are promptly executed on the appointed date.
The Superintendent of Police, Sambhal shall file an affidavit before the trial court on the date fixed regarding status of execution of the warrants/service of summons taken out by the learned trial court.
In case there is a failure on part of the police authorities to execute the warrants or other coercive measures, the Superintendent of Police, Sambhal shall state the reasons for the same in the said affidavit and also show the steps taken to execute the warrants. The Superintendent of Police, Sambhal shall simultaneously inform the Additional Director General of Police (ADG), Bareilly Zone, about the aforesaid failure of the police authorities in the first instance to execute the warrants and coercive measures issued by the learned trial court. If required, the Additional Director General of Police (ADG), Bareilly Zone, may issue an appropriate directions to ensure that the warrants issued are promptly executed by the learned trial court.
The delay in execution of warrants and consequent absence of witnesses is one of the principal causes of delays in criminal trials and has to be addressed effectively by all stakeholders.
The trial judge shall submit a fortnightly report on the progress of trial and the steps taken to comply with this order to the learned District Judge.
The District Judge, Sambhal shall submit a compliance report regarding the status of the trial and the steps taken to comply with the orders of this Court after every month before the Hon'ble Administrative Judge.
A copy of this order be communicated to the learned trial judge through the learned District Judge, Sambhal by the Registrar (Compliance) by FAX.
Order Date :- 3.8.2023 Ashish Tripathi