Shafeik v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43678 of 2023 Applicant :- Shafeik Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Tyagi 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. 140 of 2023 at Police Station Arniya District Bulandshahar under Section 308, 304, 323, 504 I.P.C. The applicant is in jail since

20.06.2023. The bail application of the applicant was rejected by the learned trial court on 24.08.2023. The following arguments made by Shri Pankaj Kumar Tyagi, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Suchit Tandon, learned AGA from the record, entitle the applicant for grant of bail:

¶1The F.I.R. assigns a vague and general role to the applicant in the assault.

¶2The applicant has not been identified as the principal offender who inflicted the fatal injury to the person of the deceased.

¶3All male members of the family have been nominated to leverage the criminal case in a money dispute.

¶4There is a contradiction in the medical report of the deceased and the postmortem report.

¶5One Danda was planted on the applicant to frame him in the instant case to burnish the credentials of the police investigators.

¶6There is no independent witness to the recovery.

¶7Recovered item cannot be connected with the crime.

¶7No forensic science laboratory report drawn up in accordance with the latest scientific protocol by experts which confirms that bloodstains, if any, on the said article were those of the deceased has been produced by the prosecution.

¶8The applicant does not have any criminal history apart from this case.

¶9The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Shafeik be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. 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, Bulandshahar, 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, Bulandshahar, 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, Bulandshahar, shall simultaneously inform the Additional Director General of Police (ADG) Meerut 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) Meerut 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 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, Bulandshahar by the Registrar (Compliance) by FAX. Order Date :- 13.10.2023 Dhananjai High Court of Judicature at Allahabad High Court of Judicature at Allahabad