Dismissed

Bhanu Dubey v. State of U.P.

Allahabad HC18 Jan 2023BAIL/58103/2022

Case brief

AI extract

What is this about?

Court rejected bail application but held trial dragging excessively. Writ jurisdiction invoked to direct High Court to trial court to conclude trial within one year and enforce strict coercive measures for witness attendance under speedy trial principles.

What did the court decide?

Trial to be concluded within one year; strict coercive measures against non-appearance of witnesses; fortnightly progress reports to District Judge.

Bhanu Dubey 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. - 58103 of 2022

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Applicant :- Bhanu Dubey Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Maurya,Sr. Advocate Counsel for Opposite Party :- G.A.,Dinesh Kumar Gupta

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Hon'ble Ajay Bhanot,J.

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Heard Shri Kamal Krishna, learned Senior Counsel assisted by Shri Ashok Kumar Maurya, learned counsel for the applicant, learned A.G.A. for the State and Shri Dinesh Kumar Gupta, learned counsel for the opposite party.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.549 of 2022 at Police Station-Kotawali, District-Ballia under Sections 307, 323 IPC. The applicant is in jail since 29.10.2022.

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The bail application of the applicant was rejected by learned trial court on 15.11.2022.

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The applicant has been identified as the principal offender who inflicted bullet injury on the injured by discharging his firearm. The injury was at a vital part in the body of the injured. 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

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application is dismissed.

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Learned counsel for the applicant contends that the applicant is in jail since 29.10.2022. 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.

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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 one year from the date of receipt of a certified copy of this order. The learned trial court shall proceed with the trial 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, Ballia.

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

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Order Date :- 18.1.2023 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad

Bhanu Dubey v. State of U.P.

Case brief

What is this about?

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Bhanu Dubey v. State of U.P.

Case brief

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