Ajay Yadav vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Ajay Yadav vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

What is the current status of the trial in Case Crime No. 355 of 2023 (Police Station-Baksha, District-Jaunpur) and what is the cause for the delay in concluding the trial? +1 more

Court's answer

The court directed the learned trial court, Jaunpur to send a fresh report regarding the status of the trial and the cause for the delay in concluding the trial, along with specified details in tabulated form.

Ratio / Principle

Pending the next listing, the court required the Joint Director (Prosecution), Jaunpur to file an affidavit disclosing the number of witnesses proposed to be examined by the prosecution.

Key takeaways

The court clarified that none of its observations in the order shall be construed adversely against any judicial officer unless the District Judge comes to another conclusion.obiter¶17

Detailed headnote1 paragraphs

Interim order (single Bench, Hon'ble Ajay Bhanot, J.) in Criminal Misc. Bail Application No. 11496 of 2025 (Ajay Yadav v. State of U.P.). Counsel for the applicant stated the matter was posted for judgment tomorrow, but the status report sent by the learned trial court was contrary. The court therefore directed the learned trial court, Jaunpur to send a fresh report on the status of, and cause for delay in concluding, the trial in Case Crime No. 355 of 2023 under Sections 394, 302, 411, 120B IPC (Police Station-Baksha, District-Jaunpur), in tabulated form covering dates of chargesheet and framing of charge, prosecution witnesses proposed, calendar/list submitted, witnesses examined with dates, witnesses summoned but absent, and witnesses against whom coercive measures were taken. A protective rider records that none of these observations shall be construed adversely against any judicial officer unless the District Judge concludes otherwise. The Joint Director (Prosecution), Jaunpur was meanwhile required to file an affidavit disclosing the number of witnesses proposed to be examined by the prosecution. Matter listed on 27.08.2025.

Court No. - 50

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11496 of 2025

Applicant :- Ajay Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Akash Ojha Counsel for Opposite Party :- G.A.

Hon'ble Ajay Bhanot,J.

Matter is taken up in the revised call.

Shri Akash Ojha, learned counsel for the applicant submits that the matter is posted for judgment tomorrow.

However, the status report sent by the learned trial court is contrary.

Learned trial court, Jaunpur to send a fresh report regarding the status of the trial and cause for the delay in concluding the trial in Case Crime No.355 of 2023 under Sections 394, 302, 411, 120B IPC Police Station-Baksha, District-Jaunpur along with the following details in tabulated form:-

(1) Dates on which chargesheet was filed and the charge was framed.

(2) Number of prosecution witnesses in the chargesheet.

(3) Number and particulars (i.e. name, nature of witness like eye witness and expert witness etc.) of prosecution witnesses proposed to be examined as per the charge sheet.

(4) List of proposed prosecution witnesses/calendar

submitted before the trial court for examination during the trial.

(5) Names and number of prosecution witnesses who have been examined before the trial court with dates.

(6) Names and number of witnesses who have been summoned but have not attended the trial proceedings on the appointed dates with dates.

(7) Names and number of witnesses against whom coercive measures have been taken out with dates.

Needless to add, none of the above observations shall be construed adversely against any judicial officer unless the District Judge comes to another conclusion.

List this matter on 27.08.2025.

In the meantime, Joint Director (Prosecution), Jaunpur shall file an affidavit disclosing the number of witnesses proposed to be examined by the prosecution.

A copy of this order be communicated to the learned trial judge through the learned District Judge, Jaunpur by the Registrar (Compliance) by e-mail.

Order Date :- 20.8.2025 Ashish Tripathi

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