Disposed

Alok Jha v. State of U.P.

Allahabad HC27 Feb 2023BAIL/618/2023

Case brief

AI extract

What is this about?

Application for bail in a cheating case involving a senior citizen was dismissed. However, the High Court directed the trial court to conclude the trial within one year and issued directions for expeditious trial and strict coercive measures against witnesses.

What did the court decide?

Bail application dismissed. Trial to be concluded within one year; fortnightly reports from trial court; strict coercive measures for witnesses.

Alok Jha Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 618 of 2023

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Applicant :- Alok Jha Opposite Party :- State of U.P. Counsel for Applicant :- Bhavya Sahai Counsel for Opposite Party :- G.A.,Jawahir Yadav

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Hon'ble Ajay Bhanot,J.

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By means of the bail application, the applicant has prayed to be enlarged on bail in Case Crime No.381 of 2022 at Police Station-Pilkhuwa, District-Hapur under Sections 420, 467, 468, 471, 419, 406, 411 and 120-B IPC and under Section 66-B I.T. Act. The applicant is in jail since 22.07.2022.

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The bail application of the applicant was rejected by the learned trial court on 14.11.2022.

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The device from which the offending phone calls were made and various incriminating whatsapp messages were sent was recovered from the applicant. The victim is a senior citizen, who has been duped of her life's savings. In these dear times with the fast developing nature of technology and the changing of face of crime, the senior citizens are particularly at risk. The offence is grave. Such offences have completely altered the character of crime in our society and makes senior citizens particularly vulnerable.

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From the records it appears that there is a likelihood that the applicant has committed the offence and evidence connects him to the offence. At this stage, no case for bail is made out. 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 one year 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 one year 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

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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, Hapur.

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

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Order Date :- 27.2.2023 Ashish Tripathi

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

Alok Jha v. State of U.P.

Case brief

What is this about?

What did the court decide?

Alok Jha v. State of U.P.

Case brief

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