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Shivchandra vs State Of U.P. on 28 February, 2024

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Allahabad High Court

Shivchandra vs State Of U.P. on 28 February, 2024

Author: Ajay Bhanot

Bench: Ajay Bhanot

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Neutral Citation No. – 2024:AHC:34995

Court No. – 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 54928 of 2023

Applicant :- Shivchandra

Opposite Party :- State of U.P.

Counsel for Applicant :- Swati Agrawal Srivastava

Counsel for Opposite Party :- G.A.

Hon’ble Ajay Bhanot,J.

By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 229 of 2023 at Police Station Saini District Kaushambi under Section 498A, 304B I.P.C. and Section 3/4 of Dowry Prohibition Act. The applicant is in jail since 12.06.2023.

The bail application of the applicant was rejected by the learned trial court on 28.08.2023.

The following arguments made by Ms. Diksha Verma, learned counsel holding brief of Ms. Swati Agrawal Srivastava, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

1. The applicant is the father-in-law of the deceased.

2. The applicant did not torture the deceased or demand dowry.

3. The applicant never interfered in the marital life of the deceased and her husband.

4. The applicant has always been living separately from the deceased and her husband. The applicant is bereaved by the death of his daughter-in-law.

5. The applicant has been nominated only to wreak vengeance on the entire family of the husband of the deceased.

6. The applicant did not aid or abet the suicide.

7. Prosecution evidence does not connect the applicant with the offence.

8. The role of the applicant is distinguishable from that of the husband of the deceased.

9. The applicant does not have any criminal history apart from this case.

10. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of her influencing witnesses, tampering with the evidence or reoffending.

In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

Let the applicant- Shivchandra be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

Considering the facts and circumstances of this case, interest of justice will be served by directing the learned trial court to expedite the trial.

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 is strictly adhered to. All witnesses and counsels are directed to cooperate with the trial proceedings.

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.

The learned trial court shall issue summons by regular process as per Section 62 Cr.P.C. and also by registered post as contemplated under Section 69 Cr.P.C. to expedite the trial.

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.

The police authorities shall ensure that warrants or any coercive measures as per law taken out by the learned trial court to ensure that the attendance of the witnesses are promptly executed.

The Superintendent of Police, Kaushambi shall file an affidavit before the trial court on the date fixed regarding status of execution of the warrants/service of summons taken out by the learned trial court.

In case there is a failure on part of the police authorities to execute the warrants or other coercive measures, the Superintendent of Police, Kaushambi shall state the reasons for the same in the said affidavit and also show the steps taken to execute the warrants. The Superintendent of Police, Kaushambi shall simultaneously inform the Additional Director General of Police (ADG) Prayagraj Zone, about the aforesaid failure of the police authorities in the first instance to execute the warrants and coercive measures issued by the learned trial court. If required, the Additional Director General of Police (ADG) Prayagraj Zone, may issue an appropriate directions to ensure that the warrants issued are promptly executed by the learned trial court.

The delay in execution of warrants and consequent absence of witnesses is one of the principal causes of delays in criminal trials and has to be addressed effectively by all stakeholders.

The counsels as well as the learned trial court are directed to comply with the directions issued by this Court in Noor Alam Vs. State of U.P. rendered in Criminal Misc. Bail Application No. 53159 of 2021. In case any strike happens during the course of the trial, the learned trial court is directed to ensure full compliance of the directions issued in Noor Alam (supra) so that the pace of the trial does not suffer.

It is further directed that in case the applicant or any accused does not cooperate in the trial or adopt dilatory tactics, the learned trial court shall record a finding to this effect and cancel the bail without recourse to this Court.

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.

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

Order Date :- 28.2.2024

Dhananjai

 

 

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