The Allahabad High Court, on an bail application by an accused, directed the trial court to examine seven relevant prosecution witnesses and file a status report on the trial's current progress.
Directed the trial court to examine seven specified witnesses and file a status report on trial progress.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9753 of 2024
Applicant :- Abhishek Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- O.P. Tiwari,Shivangi Kapoor Counsel for Opposite Party :- G.A.,Shubham Kumar Tripathi
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri O.P. Tiwari, learned counsel for the applicant and Sri Atul Kumar Verma, learned AGA for the State.
Sri Shubham Kumar Tripathi, Advocate has filed his vakalatnama on behalf of the informant and the same is taken on record.
The present applicant is in jail since 04.07.2024 in case crime no. 127 of 2024, under Sections 191(2), 115(2), 352, 103(1) of BNS at Police Station Sohramau District Unnao.
The learned counsel has stated that in the First Information Report, general allegations have been levelled against the five accused persons out of them, three are male and two are female. No specific allegation has been levelled against anyone. Accused Ruhi and Raj Kumari have been granted bail by this court, therefore, on the ground of parity, the present applicant may be released on bail. The learned counsel has stated that the matter has been committed to the Sessions Court, but trial has not been started till date.
Learned AGA has informed that there are seven relevant/fact witnesses besides other prosecution witnesses. Witness number no. 1 is the informant and witness nos. 2 to 7 are eye witnesses. He has submitted that at least the evidence or statement of aforesaid witnesses be recorded and those witnesses may be examined before the considering the bail application of the present applicant.
Learned Counsel for the informant has also adopted the same submission. He has also requested that he may be given some time to file counter affable.
Learned counsel for the informant may file counter affidavit within a period of two weeks.
Having considered the arguments of the learned counsel for the
parties and having perused the material available on record properly, first information report and statement of the eye witnesses, I find it appropriate that the direction be issued to the learned trial court to examine the relevant/fact witnesses which are seven in number. Therefore, the learned trial Court is directed to examine the aforesaid seven witnesses who are fact/relevant witnesses by fixing short dates, if possible, to fix date on day-to-day basis and ensure that no unnecessary adjustment is given to any of the parties and if any of the witness does not turn up to record his/her evidence, appropriate coercive steps may be taken by the learned trial Court so that the aforesaid witnesses be examined at the earliest.
On the next date, the learned trial Court shall apprise this court about the current status of trial by submitting a detailed report so that the current status of trial could be understood properly.
Let a copy of this order be provided to the learned trial Court through District Judge, Unnao by the registry of this Court within three working days.
List this matter in the week commencing 6th January, 2025 within top 10 cases.
When the case is next listed the name of Sri Shubham Kumar Tripathi shall be printed in the cause list as counsel for the informant.
Order Date :- 13.11.2024 Anurag
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether bail should be granted on grounds of parity before examining prosecution witnesses.
Whether the trial court is directed to examine specific fact witnesses.
Abhishek
State Of U.P. Thru. Prin. Secy. Home Lko.
Rajesh Singh Chauhan
Anurag Singh
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
