Partly allowed

Viri Singh v. State of U.P.

Allahabad HC28 Aug 2023BAIL/47849/2022

Case brief

AI extract

What is this about?

AHC dismissed the bail application of Viri Singh, husband of deceased, in a dowry death case, holding no bail case made out. The court directed the trial court to conclude trial within six months and enforced strict measures for witness summons and attendance.

What did the court decide?

Bail application dismissed; trial directed to conclude within six months; summons and coercive measures for witnesses enforced; compliance reports mandated.

Viri Singh Vs State of U.P. — Domestic Violence | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:173642

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47849 of 2022

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Applicant :- Viri Singh Opposite Party :- State of U.P. Counsel for Applicant :- S.P.S. Chauhan 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 Case Crime No. 90 of 2018 (S.T. No. 297 of 2018) at Police Station Dholna, District Kasganj under Sections 498-A, 304-B I.P.C., Section 3/4 Dowry Prohibition Act, The applicant is in jail since 05.07.2022.

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The bail application of the applicant was rejected by learned trial court on 06.09.2022.

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The applicant is the husband of the deceased. The FIR alleges that the deceased was tortured for dowry. The deceased died an unnatural death at her marital home. The offence is grave. There is likelihood that the applicant had 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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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 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 issue summons by regular process as per Section 62 Cr.P.C. and also by registered post as contemplated under Section 69 Cr.P.C. to expedite the trial.

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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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The police authorities shall ensure that warrants or any coercive measures as per law taken out by the learned trial court to ensure that the attendance of the witnesses are promptly executed.

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The Superintendent of Police, Kasganj shall file an affidavit before the trial court on the date fixed regarding status of execution of the warrants/service of summons taken out by the learned trial court.

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In case there is a failure on part of the police authorities to execute the warrants or other coercive measures, the Superintendent of Police, Kasganj shall state the reasons for the same in the said affidavit and also show the steps taken to execute the warrants. The Superintendent of Police, Kasganj shall simultaneously inform the Additional Director General of Police (ADG) Agra Zone, about the aforesaid failure of the police authorities in the first instance to execute the warrants and coercive measures issued by the learned trial court. If required, the Additional Director General of Police (ADG) Agra Zone, may issue an appropriate directions to ensure that the warrants issued are promptly executed by the learned trial court.

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The delay in execution of warrants and consequent absence of witnesses is one of the principal causes of delays in criminal trials and has to be addressed effectively by all stakeholders.

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The learned trial court shall ensure that all witnesses are given the protection under the Witnesses Protection Schemes and they are not exposed to any influence or pressure.

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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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The District Judge shall submit a compliance report regarding the status of the trial and the steps taken to comply with the orders of this Court after every month before the Hon'ble Administrative Judge.

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A copy of this order be communicated to the learned trial judge through the learned District Judge, Kasganj by the Registrar (Compliance) by FAX.

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Order Date :- 28.8.2023 Jaswant

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Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad

Viri Singh v. State of U.P.

Case brief

What is this about?

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Viri Singh v. State of U.P.

Case brief

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