Surya Bhan Yadav Vs State of U.P.

Court No. - 90

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44919 of 2022

Applicant :- Surya Bhan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Kumar Rai,Devendra Yadav Counsel for Opposite Party :- G.A.,Vinod Singh

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 103 of 2022 at Police Station Rani Ki Sarai, District Azamgarh under Sections 306, 376, 328, 120B IPC and Section 67A IT Act. The applicant is in jail since 08.04.2022.

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The bail application of the applicant was rejected by learned Special Judge (EC Act/Additional Sessions Judge, Azamgarh on 24.08.2022.

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The prosecution case against the applicant which is supported by oral evidences of the family members is that the applicant mixed a substance in snacks which were offered to the deceased. She fell unconscious after consumption of the drug substance/snacks. The applicant took out indecent photographs of the victim and raped her. The victim informed her family members about the incident but was driven to commit suicide on account of the trauma inflicted by rape and circulation of indecent photographs of the victim. Body of the deceased was found at railway track by the railway personnel. The suicide note narrating the entire

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prosecution story of her death was found on her dead body at the time of the inquest report. It is contended that the indecent photographs of the victim were also circulated by the applicant. The offence is grave. 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.

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However, at this stage considering the submissions of the learned AGA, this Court feels that capturing and circulating the indecent videos/photographs of the victims by the accused persons through digital devices needs to be investigating by specialist of the cyber crime units of the Uttar Pradesh Police. Prima facie from the argument by the learned AGA based on the instructions available with him shows poor quality of investigation and lack of professional skills in tackling cyber crimes/I.T. related offences.

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IT offences are an emerging menace to the society. They pose a grave danger to the society and the rule of law. The pervasive and fast evolving nature of cyber crime requires the U.P. Police as an institution to think ahead, plan conceptual responses, and execute a well thought out strategic response. The need to build institutional capacity, develop and upgrade technical and investigative skills of investigators, and to nurture professionalism needs no restatement.

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This Court had earlier expressed its concern over the menace of cyber related crime and poor quality of

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police investigations in such cases. The Court had also directed the Director General of Police, U.P. to file an affidavit indicating the steps taken by the Uttar Pradesh Police to upgrade its training and other details to curb this menace in Criminal Misc. Bail Application No. 14184 of 2022 (Shashimaul Rai Vs. State of U.P.) on 07.04.2022.

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Additional Director General of Police, Varanasi Zone, Azamgarh, is directed to ensure that the investigation in regard to capturing indecent videos/photographs on digital devices and circulation thereof on the social media/internet shall be investigated by specialist of the cyber crime units. Considering the sensitivity and the menace posed by cyber related crimes, the competent officials shall also monitor the investigation regularly.

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Without going into the merits of the case, the bail application is dismissed.

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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.

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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

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should also be imposed on such parties/ counsel.

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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.

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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.

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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.

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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.

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A copy of this order be communicated to the learned trial judge through the learned District Judge, Azamgarh by the office.

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Learned Government Advocate shall send a copy of this

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order to Additional Director General of Police, Varanasi Zone, Azamgarh.

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Order Date :- 22.12.2022 Dhananjai

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Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad

Surya Bhan Yadav v. State of U.P.

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Surya Bhan Yadav v. State of U.P.

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