Sanjay Yadav Vs State of U.P.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52781 of 2021

Applicant :- Sanjay Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Gupta,Nitin Kumar 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. 216 of 2021 at Police Station Sector-49, District Gautam Budh Nagar under Sections 420, 467, 468, 469, 471 IPC and Section 66D of IT Act. The applicant is in jail since 21.05.2021.

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The bail application of the applicant was rejected by the learned Sessions Judge, Gautam Budh Nagar on 02.11.2021.

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The applicant worked as a delivery boy in the Blue Dart Courier Company and was often tasked to deliver ATM Debit and Credit Cards to customers. Prosecution evidence discloses that the applicant gave those cards to the principal offender Kuldeep to enable him to clone them. The clone cards have been used for committing the offence. The applicant and other principal offender Kuldeep used to change the chips in the cards before delivery. The offences of this nature are new age crimes and are of gave in nature. There is likelihood that the applicant committed the offence. At this stage,

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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 Nitin Kumar, learned counsel for the applicant contends that the applicant is in jail since 21.05.2021. 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.

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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 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

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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 weekly report on the progress of trial and the steps taken to comply with this order to the learned District Judge.

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It is clarified that the observations made above shall not have any influence on the trial.

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Order Date :- 2.1.2023 Dhananjai

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

Sanjay Yadav v. State of U.P.

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Sanjay Yadav v. State of U.P.

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