Allahabad High Court
Anil Bind vs State Of Up And 3 Others on 29 May, 2024
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:98654
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5557 of 2024
Applicant :- Anil Bind
Opposite Party :- State Of Up And 3 Others
Counsel for Applicant :- Mithilesh Kumar Ojha
Counsel for Opposite Party :- Brijesh Kumar Yadava,G.A.,Hemant Kumar Upadhyay,Shesh Chand Upadhyay
Hon'ble Ajay Bhanot,J.
On earlier occasion counsel for the applicant had failed to appear in the instant matter.
A report was called from the District Legal Services Authority, Prayagraj. The District Legal Services Authority, Prayagraj has recorded that the applicant does not wish to engage another counsel. In the absence of the counsel the applicant cannot be bereft of legal aid and the matter cannot be dismissed for non-prosecution in view of the judgement rendered by this Court in Criminal Misc. Bail Application No.18536 of 2020 (Maneesh Pathak v. State of U.P.). Further the court also needs the assistance of a counsel.
Shri Bharat Singh, learned counsel (A/B-0135/2012) is appointed as amicus curiae to assist the Court.
Heard Shri Bharat Singh, learned amicus curiae on behalf of the applicant, Shri Brijesh Kumar Yadava, learned counsel for the informant and Shri Paritosh Kumar Malviya, learned AGA-I for the State.
Shri Paritosh Kumar Malviya, learned AGA-I for the State contends that the police authorities in compliance of the directions issued by this Court in Criminal Misc. Bail Application No. 46998 of 2020 (Junaid Vs State of U.P. and another) reported at 2021 (6) ADJ 511 and with a view to implement the provisions of POCSO Act, 2012 read with POCSO Rules, 2020, have served the bail application upon the victim/legal guardian as well as upon the CWC.
By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.493 of 2022 at Police Station-Sarai Inayat, District-Prayagraj under Sections 376, 504, 506 IPC and Section 5/6 of the POCSO Act and Section 3(2)(5) of the SC/ST Act. The applicant is in jail since 10.12.2022.
The bail application of the applicant was rejected by the learned trial court on 13.06.2023.
The applicant is a repeat offender. He has criminal history of similar cases of violence against women which has not been disclosed in the bail application. The offence is grave. There is likelihood that the applicant committed the offence. At this stage, no case for bail is made out.
Without going into the merits of the case, at this stage the bail application is dismissed.
In the interest of justice and considering the nature of the offence, this Court deems it appropriate to direct the learned trial court to conclude the trial in an expeditious time frame.
Though no specific time frame to conclude the trial has been set out in the Cr.P.C., yet the legislative intent of Section 309 Cr.P.C. is explicit. The scheme of the provision clearly shows that the legislative intent is to conclude the trial in an expeditious time frame. In the facts of this case, the learned trial court shall make all endeavours to conclude the trial preferably within a period of one year from the date of receipt of a certified copy of this order.
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.
All witnesses and counsels are directed to cooperate with the trial proceedings.
The learned trial court shall issue summons by regular process as per Section 62 Cr.P.C. and also by registered post as provided 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 Senior Superintendent of Police, Prayagraj 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.
The delay in the trials caused by the failure of the police authorities to serve summons or execute coercive measures to compel the appearance of witnesses at the trial despite a statutory mandate, is an issue of grave concern. The said issue had arisen for consideration before this Court in Bhanwar Singh @ Karamvir Vs. State of U.P. (Criminal Misc. Bail Application No. 16871 of 2023) & Jitendra v. State of U.P. .(Criminal Misc. Bail Application No.9126 of 2023) and was decided by the judgements dated 24.08.2023 & 20.12.2023 respectively. This Court in Bhanwar Singh @ Karamvir (supra) & Jitendra (supra) had issued certain directions to the police authorities regarding their statutory duty to promptly serve summons and execute coercive processes to compel the appearance of witnesses.
The Director General of Police, Government of U.P. as well as Principal Secretary (Home), Government of U.P. had taken out relevant orders in compliance of judgements in Bhanwar Singh @ Karamvir (supra) & Jitendra (supra) and nominated the Senior Superintendent of Police of the concerned districts as the nodal officials for implementing the said judgments.
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) to prevent delay in the trial.
In case the police authorities are failing to comply with the directions issued by this Court in Bhanwar Singh @ Karamvir (supra) & Jitendra (supra) and do not implement the said directions of the Director General of Police, Government of U.P. & the Home Secretary, Government of U.P. in regard to service of summons and execution of coercive measures to compel the appearance of witnesses, the learned trial court shall direct the concerned Senior Superintendent of Police to file an affidavit in this regard.
The learned trial court is always under an obligation to ensure compliance of the judgements of this Court in Bhanwar Singh @ Karamvir (supra) & Jitendra (supra) as well as directions of Director General of Police, Government of U.P. & the Home Secretary, Government of U.P. by the police authorities.
The learned trial court shall also take appropriate measures in law after receipt of such affidavit which may include summoning the concerned officials in person.
It is further directed that in case any accused person who has been enlarged on bail does not cooperate in the trial or adopts 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, Prayagraj as well as Senior Superintendent of Police, Prayagraj by the Registrar (Compliance) by e-mail.
The High Court Legal Services Committee is requested to consider the payment of usual remuneration to Shri Bharat Singh, learned counsel (A/B-0135/2012), learned amicus curiae.
Registry is directed to send a copy of this order to the District Legal Services Authority (DLSA) for onward communication to the applicant who is in jail, and for assisting the applicant in the manner stated above.
A Hindi translated copy of this order shall be provided to the accused in jail through the District Legal Services Authority.
It is open to the applicant to file a fresh bail application after disclosing the entire criminal history.
The High Court Legal Services Committee, Allahabad High Court as well as District Legal Services Authority, Prayagraj shall also give necessary assistance to the applicant for filing the second bail application.
Order Date :- 29.5.2024
Ashish Tripathi
