Radha Krishna Alias Bulli v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46176 of 2023 Applicant :- Radha Krishna Alias Bulli Opposite Party :- State of U.P. Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.76 of 2018 at Police Station-Amritpur, District-Farrukhabad under Sections 307, 302, 323, 504, 506/34 IPC. The applicant is in jail since 20.06.2018. The bail application of the applicant was rejected by the learned trial court on 10.10.2023. It is contended that the prosecution proposes to examine 22 witnesses to bring home the charges. However, only six witnesses have been examined. The case of the applicant is actually distinguishable from the co-accused persons, inasmuch as, the applicant is a repeat offender. He has a criminal history of 35 cases. The trial is on foot. There is likelihood that the applicant committed the offence. The offence is grave. At this stage, no fresh ground for bail is made out. The bail application is dismissed. However, the delay in the trial has distressed this Court. The Court expects the learned trial court to make note of the delay and also execute appropriate measures to expedite the trial. 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, Farrukhabad 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, Farrukhabad 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, Farrukhabad 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 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, Farrukhabad by the Registrar (Compliance) by FAX. Order Date :- 1.11.2023 Ashish Tripathi High Court of Judicature at Allahabad