Raj Kishore Dwivedi @ Kaushal Kishore Dwivedi @ Gopi v. State of U.P. and Another

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39783 of 2023 Applicant :- Raj Kishore Dwivedi @ Kaushal Kishore Dwivedi @ Gopi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tiwari Abhishek Rajesh Counsel for Opposite Party :- G.A.,Rajiv Lochan Shukla Hon'ble Ajay Bhanot,J. This is the second bail application. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No 84 of 2021 at Police Station Lalapur District Prayagraj, under Sections 147, 148, 149, 504, 506, 307, 302, 34 IPC. The applicant is in jail since 04.08.2021. The first bail application of the applicant was rejected by this Court on 26.08.2022. The trial is on foot. Two witnesses have been examined. However, the Court does not propose to go into the appraisal of the evidence as it may prejudice the trial. At this stage, no fresh ground for bail is made out. Without going into the merits of the case, the bail application is dismissed. This Court is disturbed by the pace of the trial. Status report sent by the learned trial court records that the prosecution proposes to examine 22 witnesses to bring home the charges. However, till date only two prosecution witnesses have been examined. 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 Deputy Commissioner of Police, Prayagraj, 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 Deputy Commissioner of Police, Prayagraj, shall state the reasons for the same in the said affidavit and also show the steps taken to execute the warrants. The Deputy Commissioner of Police, Prayagraj, shall simultaneously inform the Additional Director General of Police (ADG) Prayagraj, 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) Prayagraj, 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. A copy of this order be communicated to the learned trial judge through the learned District Judge, Prayagraj by the Registrar (Compliance) by FAX. Order Date :- 16.10.2023 Dhananjai High Court of Judicature at Allahabad