Nizamuddin vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

Nizamuddin vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

No bail decision pronounced at this stage. Directions issued: enquiry by the District Judge, Bulandshahar into the cause of trial delay and report; trial-status report with tabulated details from the trial judge; order to be communicated by FAX through the Registrar (Compliance); matter listed for further hearing on 14.07.2025.

Issue for consideration

Cause for the protracted delay in the trial of Case Crime No. 830 of 2018 (applicant in jail since 12.02.2019 with only two witnesses examined) and steps to expedite the trial; reports sought from the District Judge and the trial judge, Bulandshahar.

Court's answer

The Court observed that if the applicant's more-than-six-year incarceration with only two witnesses examined reflects the true state of affairs, it is 'utterly shocking'.

Ratio / Principle

The learned District Judge, Bulandshahar was directed to enquire into the cause for the delay, send a report on the status of the trial, and ensure that the trial is expedited.

Key takeaways

The learned trial judge was directed to send a report on the status of the trial and the cause for delay in concluding the trial in Case Crime No. 830 of 2018, along with tabulated details: dates of filing of chargesheet and framing of charge; number and particulars of prosecution witnesses per the chargesheet; proposed witness list/calendar submitted to the trial court; names, numbers and dates of witnesses already examined; witnesses summoned but not attending on appointed dates; and witnesses against whom coercive measures have been taken out, with dates.ratio¶9
The matter was directed to be put up on 14.07.2025 in the list of fresh cases before the appropriate Bench; the merits of the second bail application were thus left to be considered subsequently.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Ajay Bhanot, J.) — second CRIMINAL MISC. BAIL APPLICATION No. 19894 of 2025 by Nizamuddin (counsel: Sunil Kumar) against the State of U.P. The applicant, in jail since 12.02.2019 (over six years) in Case Crime No. 830 of 2018 under Sections 498-A, 304B, 506, 201 I.P.C. and Section 3/4 D.P. Act, Police Station Jahangeerabad, District Bulandshahar, had seen only two witnesses examined till date. Observing that such a state of affairs, if true, was 'utterly shocking', the Court directed the learned District Judge, Bulandshahar to enquire into the cause of the delay, report on the trial status and ensure expedition; called upon the learned trial judge to submit a tabulated report covering dates of chargesheet filing and charge framing, prosecution-witness numbers/particulars, proposed witness calendar, witnesses examined (with dates), witnesses summoned but absent (with dates), and witnesses against whom coercive measures were taken (with dates); ordered transmission of the order by FAX through the Registrar (Compliance); and listed the matter for 14.07.2025. Bail merits left open for later consideration.

Court No. - 45

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19894 of 2025

Applicant :- Nizamuddin Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.

Hon'ble Ajay Bhanot,J.

This is the second bail application.

The applicant is in jail since 12.02.2019.

It is informed that the applicant is in jail for more than six years. Till date only two witnesses have been examined. In case this is true state of affairs, this is utterly shocking.

Learned District Judge, Bulandshahar shall enquire into the cause for the delay and send a report regarding the status of the trial and also ensure that the trial is expedited.

Learned trial judge shall send a report regarding the status of the trial and cause for the delay in concluding, the trial in Case Crime No. 830 of 2018 under Sections 498-A, 304B, 506, 201 I.P.C. and Section 3/4 D.P. Act, Police Station -Jahangeerabad, District-Bulandshahar and also 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.

Put up this matter on 14.07.2025 in the list of fresh cases before the appropriate Bench.

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

Order Date :- 6.6.2025 Vandit

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