Devendra Chandela v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41199 of 2023 Applicant :- Devendra Chandela Opposite Party :- State of U.P. Counsel for Applicant :- Sujan Singh,Anjani Kumar Raghuvanshi Counsel for Opposite Party :- G.A.,Kapil Tyagi Hon'ble Ajay Bhanot,J. Heard Shri Sujan Singh, learned counsel for the applicant, Shri Kapil Tyagi, learned counsel for the informant and Shri Suchit Tandon, learned AGA for the State. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 36 of 2021 at Police Station Badalpur, District Gautam Budh Nagar, under Sections 147, 148, 149, 302, 307, 504, IPC and Section 7 of Criminal Law Amendment Act. The applicant is in jail since 11.02.2021. The bail application of the applicant was rejected by learned trial court on 09.06.2021. The applicant has been identified as the principal offender who exhorted his accomplices and also opened indiscriminate fire causing the death of two persons. The applicant along with other accused persons committed the offence in pursuance of a common object of killing the deceased. The statements of the eye witnesses and the postmortem report corroborate the prosecution case. The trial is on foot. It is contended that one of the eye witnesses has been shot dead in which the applicant has been nominated as conspirator. The offence is grave. There is likelihood that the applicant committed the offence. Bail of one of the co-accused has been rejected by the Supreme Court. At this stage, no case for bail is made out. Without going into the merits of the case, 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 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, Gautam Budh Nagar, 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, Gautam Budh Nagar 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, Gautam Budh Nagar 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. A copy of this order be communicated to the learned trial judge through the learned District Judge, Gautam Budh Nagar by the Registrar (Compliance) by FAX. Order Date :- 18.10.2023 Dhananjai High Court of Judicature at Allahabad