The High Court dismissed a bail application in a murder case due to strong prosecution evidence. However, it issued directions to the trial court to complete the trial within one year and take strict coercive measures to secure witnesses.
Bail application dismissed; Trial directed to conclude within one year; Coercive measures for witness attendance directed.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29370 of 2022
Applicant :- Madan Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in case crime no.93 of 2022 under Sections 452/302 I.P.C. Police Station Hastinapur, District Meerut. The applicant is in jail since 25.04.2022.
The bail application of the applicant was rejected by the learned Sessions Judge, Meerut, on 27.05.2022.
The applicant has been identified as one of the principal offenders who assaulted the deceased with an iron rod causing to her death. There are eye witnesses to the incident. Eye witnesses to the incident as well as the medical report corroborate the prosecution story. The injury reports are by and large is consistent with the prosecution case. From the material available in the record, 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 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 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 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.
Police and administrative authorities of the State are also directed to ensure that the coercive measures
adopted by the court are promptly executed to ensure the presence of the witnesses on the appointed date before the trial court.
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, Meerut by the office.
Order Date :- 20.12.2022 Dhananjai
Digitally signed by DHANANJAI Date: 2022.12.21 12:34:04 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant accused of murder and assault.
Whether the trial court should expedite the proceedings in cases of grave offence.
Madan
Dhananjai
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
