Sumer Patel vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

Sumer Patel vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

No immediate grant or denial of bail; decision on the second bail application deferred pending the separate report of the Learned District Judge and the compliance/status report of the learned trial court; case listed on 26.02.2026 and a copy of the order to be communicated to the trial judge through the District Judge, Fatehpur by the Registrar (Compliance) by e-mail.

Issue for consideration

Whether the learned trial court has complied with the directions issued by this Court on 03.09.2024 in Criminal Misc. Bail Application No. 27304 of 2024 to expedite the trial. +1 more

Court's answer

There is prima facie disobedience by the learned trial court of the directions issued by this Court on 03.09.2024 in Criminal Misc. Bail Application No. 27304 of 2024; the Learned District Judge shall examine the matter and send a separate report regarding the prima facie disobedience and the cause for the delay in concluding the trial.

Ratio / Principle

The learned trial court is directed to send a report on compliance with the Court's said directions and the cause of delay, disclosing the status of the trial in Case Crime No. 27 of 2024 (Sections 302 and 201 I.P.C., P.S. Sultanpur Ghosh, District-Fatehpur) in tabulated form, covering dates of chargesheet filing and charge framing, prosecution witnesses proposed, examined, summoned-but-absent, and those against whom coercive measures were taken.

Key takeaways

Protective caveat: none of the above observations shall be construed adversely against any judicial officer unless the District Judge comes to another conclusion.ratio¶24

Detailed headnote1 paragraphs

Second bail application (Criminal Misc. Bail Application No. 33420 of 2025) by Sumer Patel, in jail since 29.02.2024 in Case Crime No. 27 of 2024 under Sections 302 and 201 I.P.C., P.S. Sultanpur Ghosh, District-Fatehpur (Allahabad High Court, Ajay Bhanot, J., December 18, 2025). Counsel contended that the directions issued on 03.09.2024 in Criminal Misc. Bail Application No. 27304 of 2024 — alerting the trial court to the accused's right to speedy trial and requiring expedition pursuant to Section 309 Cr.P.C./346 BNSS — remained unimplemented, with no witness fully examined and the prosecution allegedly delaying the trial. Finding prima facie disobedience by the learned trial court, the Court directed the Learned District Judge to examine the matter and send a separate report on the prima facie disobedience and the cause of delay, required the trial court to disclose the trial's status in tabulated form (chargesheet/charge dates; witnesses proposed, examined, summoned-but-absent, and subjected to coercive measures), cautioned that the observations shall not be construed adversely against any judicial officer unless the District Judge concludes otherwise, deferred the bail decision, listed the matter for 26.02.2026, and instructed the Registrar (Compliance) to communicate the order to the trial judge through the District Judge, Fatehpur by e-mail.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33420 of 2025

Sumer Patel

.....Applicant(s)

Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Deepak Kumar Pandey, Tanya Makker Counsel for Opposite Party(s) : G.A.

Court No. - 49

HON'BLE AJAY BHANOT, J.

This is the second bail application. The applicant is in jail since 29.02.2024.

Ms. Tanya Makker, learned counsel for the applicant contends that the directions issued by this Court on 03.09.2024 in Criminal Misc. Bail Application No. 27304 of 2024 have not been complied with by the learned trial court. Learned counsel for the applicant submits that not a single witness has fully examined till date.

Learned counsel for the applicant further submits that the applicant is not responsible for the delay in the trial proceedings. The prosecution is deliberately delaying the conduct of the trial to prolong the incarceration of the applicant. Inordinate delay in concluding trial will lead to an indefinite detention of the applicant. The right of the applicant to speedy trial has been violated.

While deciding the first bail application registered as Criminal Misc. Bail Application No. 27304 of 2024 this Court had alerted the learned trial court of the right of the accused to speedy trial. Various directions were also made upon the learned trial court to expedite the trial and to implement the mandate of Section 309 Cr.P.C./346 BNSS.

Prima facie there appears to be a disobedience of the directions

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of this Court by the learned trial court.

Learned District Judge shall examine the matter and send a separate report regarding prima facie disobedience of the aforesaid directions of this Court by the learned trial court and the cause for the delay in concluding the trial.

Learned trial court to send a report regarding the compliance of the said directions of this Court and cause for the delay in the trial and shall disclose the status of the trial in Case Crime No.27 of 2024 under Section 302 and 201 I.P.C.Police Station Sultanpur Ghosh, District-Fatehpur 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 case on 26.02.2026.

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

(Ajay Bhanot,J.)

December 18, 2025

Vandit

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