Bail application dismissed due to lack of case established, but High Court directed trial court to complete trial within three months and enforce witness attendance.
Trial to proceed day to day and conclude within three months; witnesses directed to cooperate under coercive measures; fortnightly reports mandated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31990 of 2020
Applicant :- Mangala Gond (Father-In-Law) Opposite Party :- State of U.P. Counsel for Applicant :- Shruti Dwivedi,Shishir Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Sri Shishir Kumar Dwivedi, learned counsel for the applicant and learned A.G.A for the State.
Learned counsel for the applicant contends that the applicant is in jail since 16.01.2017. The trial has not concluded till date. Inordinate delay in conclusion of the trial will result indefinte imprisonment of the applicant.
Prosecution case asserts that the applicant had demanded dowry and tortured the deceased prior to her death. The victim was burnt to death by the applicant. The dying declaration of the victim specifically names the applicant as one of the accused who put the kerosene oil on her and set her alight. In the facts of this case the court express its anguish at the delay in the trial.
At this stage no case for bail is made out. However, interest of justice will be served by directing the learned trial court to expedite the trial instead of enlarging the applicant on bail at this stage.
The bail application is dismissed.
The trial court is directed to conclude the trial within a
period of three months 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 prosecution witnesses also 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.
Police and administrative authorities of the State are also directed to ensure that the coercive measures adopted by the court are given effect to in a scrupulous manner 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 the 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, Varanasi by the Registrar (Compliance).
Order Date :- 21.12.2022 Pravin
Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to an applicant detained since January 2017 pending trial.
Whether the trial court should expedite the conclusion of the ongoing criminal trial.
Mangala Gond
State of U.P.
Ajay Bhanot
Pravin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
