Dismissed

Akshay and 2 Others v. State of U.P.

Allahabad HC27 Feb 2023BAIL/9098/2023

Case brief

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What is this about?

This judgment dismisses a bail application for applicants charged with serious criminal offenses involving intent to kill. The High Court directs the trial court to conclude the trial within one year and mandates strict adherence to timelines with weekly reports on progress.

What did the court decide?

Trial directed to conclude within one year; fortnightly reports mandated; strict coercive measures ordered for witness attendance.

Akshay and 2 Others Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9098 of 2023

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Applicant :- Akshay And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Pratap Singh 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 applicants have prayed to be enlarged on bail in Case Crime No. 501 of 2022 at Police Station Kandhala, District Shamli under Sections 147, 148, 323, 352, 307, 324, 504 I.P.C. The applicants are in jail since 21.12.2022.

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The bail application of the applicants was rejected by learned trial court on 08.02.2023.

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The applicants have been identified as the principal offenders who inflicted life threatening injuries on two injured persons. Facts and circumstances in the record shows that there was intent to kill. The applicants had a common intent to kill. Offence is grave. There is likelihood that the applicants committed the offence. At this stage, no case for bail is made out.

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Justice will be served by directing the learned trial court to expedite the trial and conclude it within a stipulated period of time.

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Without going into the merits of the case, the bail application is dismissed.

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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 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 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.

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

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Order Date :- 27.2.2023 Vandit

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Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad

Akshay and 2 Others v. State of U.P.

Case brief

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Akshay and 2 Others v. State of U.P.

Case brief

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