Dismissed

Sanju Rajbhar Alias Sanjay Rajbhar v. State of U.P.

Allahabad HC1 Feb 2023BAIL/4759/2023

Case brief

AI extract

What is this about?

Single judge of the Allahabad High Court disposed of a bail application rejected by the trial court. The application was dismissed as no case for bail was made out given the gravity of the offenses. However, the judge directed the trial court to conclude the trial within six months on a day-to-day basis and imposed exemplary costs for delays, with coercive measures against defaulting witnesses.

What did the court decide?

Bail application dismissed; trial court directed to conclude trial within six months with coercive measures for non-appearing witnesses.

Sanju Rajbhar Alias Sanjay Rajbhar 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. - 4759 of 2023 Applicant :- Sanju Rajbhar Alias Sanjay Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- Anand Prakash Srivastava,Laddu Arvind Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Laddu Arvind Kumar, learned counsel for the applicant, Sri Raghvendra Pratap Rajan, learned counsel for the informant and learned A.G.A for the State.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 0166 of 2022 at Police Station Sarnath, District Varanasi under Sections 147, 354-Kha, 325, 308, 352, 323, 504, 506 IPC. The applicant is in jail since 03.12.2022.

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The bail application of the applicant was rejected by learned trial court on 22.12.2022.

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The applicant is one of the principal offenders who forced their entry in the house of the victim and inflicted grievous injuries. The police authorities were promptly intimated by the informant party and they rushed to the spot and took the victims to the hospital. The facts and circumstances show that there was common intent to commit the offence. The injuries are grievous. Primafacie there is likelihood that the applicant has committed the offence. The offence is grave in nature. 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 Laddu Arvind Kumar, learned counsel for the applicant contends that the applicant is in jail since 03.12.2022. The trial is moving at a snail's pace and is not likely to conclude anytime in the near future. Inordinate delay in concluding trial had lead to virtually an indefinite imprisonment of the applicant and violates the rights of the applicant to speedy trial. 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 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 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

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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.

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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, Varanasi by the Registrar (Compliance) by FAX.

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Order Date :- 1.2.2023 Pravin

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Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad

Sanju Rajbhar Alias Sanjay Rajbhar v. State of U.P.

Case brief

What is this about?

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Sanju Rajbhar Alias Sanjay Rajbhar v. State of U.P.

Case brief

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