Durga Prasad @ Chheddu v. State of U.P

Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38930 of 2023 Applicant :- Durga Prasad @ Chheddu Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Agarwal,Chandan Sharma,Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.,Devesh Kumar Gupta Hon'ble Ajay Bhanot,J. Heard Ms. Swati Agrawal Srivastava, learned counsel assisted by Shri Amit Kumar, learned counsel for the applicant, Shri Paritosh Kumar Malviya, learned A.G.A.-I for the State and Shri Devesh Kumar Gupta, learned counsel for the informant. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.165 of 2023 at Police Station-Khaga, District-Fatehpur under Sections 302, 120B, 506 IPC. The applicant is in jail since

10.05.2023. The bail application of the applicant was rejected by learned trial court on 13.06.2023. The applicant has been identified as the principal offender who did the deceased to death. Evidence of the motive to commit the offence has been gathered by the prosecution during the investigation. The applicant was last seen with the deceased at the time proximate to her death. Bloodstained clothes as well as the weapon of assault have been recovered from the applicant. The chain of incriminating circumstances is complete against the applicant. The argument that the F.I.R. is ante timed and the last seen evidence is not consistent with the post mortem report to attractive on the face of it but fails upon a deeper examination. The time of death mentioned in the post mortem report is only an approximation and the sighting of the deceased with the applicant at the time proximate to her death is within the margin of the time of death provided in the post mortem report. The post mortem report does not disclose the time of death with exactitude but is only given an approximate time frame. The offence is grave. There is likelihood that the applicant committed the offence. 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 Superintendent of Police, Fatehpur 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, Fatehpur 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, Fatehpur shall simultaneously inform the Additional Director General of Police (ADG) Prayagraj 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) Prayagraj 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, Fatehpur by the Registrar (Compliance) by FAX. Order Date :- 8.11.2023 Ashish Tripathi High Court of Judicature at Allahabad