Burhan v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38875 of 2023 Applicant :- Burhan Opposite Party :- State of U.P. Counsel for Applicant :- Dhiraj Kumar Pandey,Rama Shanker,Ray Sahab Yadav Counsel for Opposite Party :- G.A.,Ainul Haq,Gulshajar Hon'ble Ajay Bhanot,J. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.189 of 2015 at Police Station-Nagal, District-Saharanpur under Sections 302/34, 307/34, 452, 323/34, 504, 506 IPC. The applicant is in jail since 13.08.2023. The bail application of the applicant was rejected by the learned trial court on 17.08.2023. The following arguments made by Shri Dhiraj Kumar Pandey, learned counsel, Shri Ray Sahab Yadav, learned counsel and Shri Rama Shanker, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

¶1The applicant was falsely implicated in this case on the ground that he has the brother of the principal offender.

¶2The applicant is a law abiding citizen who had cooperated in the investigation/enquiry proceedings and did not influence witness.

¶3After investigation no incriminating evidence was found against the applicant and he was exonerated.

¶4The applicant has been summoned after false deposition made by the witness only to implicate the applicant in this case and harass him by causing false prosecution against him.

¶5The other co-accused persons who are nominated in the F.I.R., have been enlarged on bail by this Court on

07.01.2016 and 23.05.2018 in Criminal Misc. Bail Application No.46273 of 2015 (Sufiyan v. State of U.P.) and Criminal Misc. Bail Application No.12107 of 2016 (Usman v. State of U.P.). The applicant seeks parity in relief granted to the said co-accused persons.

¶6The applicant does not have any criminal history apart from the instant case.

¶7The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court 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-Burhan 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. However, the learned 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 Senior Superintendent of Police, Saharanpur 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 Senior Superintendent of Police, Saharanpur shall state the reasons for the same in the said affidavit and also show the steps taken to execute the warrants. The Senior Superintendent of Police, Saharanpur 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, Saharanpur by the Registrar (Compliance) by FAX. Order Date :- 2.11.2023 Ashish Tripathi High Court of Judicature at Allahabad High Court of Judicature at Allahabad