Dismissed

Aman Sharma v. State of U.P.

Allahabad HC20 Feb 2023BAIL/4307/2023

Case brief

AI extract

What is this about?

The High Court dismissed the bail application as the offence is grave and the applicant is a repeat offender. The Court directed the trial court to conclude the trial within six months and appointed specific measures to expedite proceedings and ensure witness presence.

What did the court decide?

The bail application was dismissed. The trial court was directed to complete the trial within six months and take strict coercive measures to ensure witness attendance.

Aman Sharma Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4307 of 2023

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Applicant :- Aman Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.

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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 NCB Crime No. 398 of 2022 at Police Station Nauchani District Meerut under Sections 308, 325, 323, 504, 506 IPC. The applicant is in jail since 10.01.2023.

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The bail application of the applicant was rejected by learned trial court on 21.01.2023.

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The applicant has been identified as the principal offender who inflicted life threatening injury to the injured. F.I.R., statement of the injured and the medical report corroborate the prosecution case. The applicant is a repeat offender as is evident from his criminal history. The offence is grave. There is likelihood that the applicant committed the offence. At this stage, no case for bail is made out.

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

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Shri Ram Sukh Maurya, learned counsel has entered appearance on behalf of the informant.

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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 is directed to conclude the trial within a period of six 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 six months is strictly adhered to. All witnesses and counsels are directed to cooperate with the trial proceedings.

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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 should also be imposed on such parties/ counsel.

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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, Meerut by the Registrar (Compliance) by FAX.

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Order Date :- 20.2.2023 Dhananjai

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

Aman Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Aman Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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