Allahabad High Court
Netrapal Singh Rajawat vs State Of U.P. on 7 February, 2024
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:21951 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35718 of 2023 Applicant :- Netrapal Singh Rajawat Opposite Party :- State of U.P. Counsel for Applicant :- Ram Krishna Yadav,Dharmendra Singh,Vatsala Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 64 of 2023 at Police Station Madhogarh, District Jalaun under Section 302, 201, 506 IPC. The applicant is in jail since 07.04.2023.
The bail application of the applicant was rejected by learned trial court on 18.05.2023.
The deceased was five years of age. The applicant has been identified as the principal offender who did the deceased to death. The applicant was last seen with the co-accused and the deceased by a reliable witness. The trial is on foot. Enlarging the applicant on bail at this stage will not be conducive to a fair trial. The offence is grave. There is likelihood that the applicant committed the offence. At this stage, no case for bail is made out.
Without going into the merits of the case, the bail application is dismissed.
This Court would like to observe that as per the status report sent by the learned trial court, P.W. 1 has not appeared before the learned trial court on the appointed dates despite issuance of summons and coercive processes taken out by the learned trial court. Evidently, the police authorities have failed to compel the appearance of witnesses on the appointed dates despite issuance of summons and coercive measures taken out by the learned trial court. The trial is being delayed on account of callous attitude of the police authorities.
Superintendent of Police, Jalaun shall file a personal affidavit before the learned trial court on the appointed date regarding the failure of the police authorities to ensure the presence of witnesses despite issuance of summons and coercive measures taken out by the trial court and the action taken as per law against the defaulting officials.
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 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.
The Superintendent of Police, Jalaun, 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, Jalaun 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, Jalaun shall simultaneously inform the Additional Director General of Police (ADG) Kanpur 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) Kanpur 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 counsels as well as the learned trial court are directed to comply with the directions issued by this Court in Noor Alam Vs. State of U.P. rendered in Criminal Misc. Bail Application No. 53159 of 2021. In case any strike happens during the course of the trial, the learned trial court is directed to ensure full compliance of the directions issued in Noor Alam (supra) so that the pace of the trial does not suffer.
It is further directed that in case any accused person who has been enlarged on bail does not cooperate in the trial or adopts dilatory tactics, the learned trial court shall record a finding to this effect and cancel the bail without recourse to this Court.
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.
A copy of this order be communicated to the learned trial judge through the learned District Judge, Jalaun by the Registrar (Compliance) by FAX.
Order Date :- 7.2.2024 Dhananjai