Allahabad High Court
Chetan Faujdar vs State Of U.P. on 5 February, 2025
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:16314
Court No. - 5
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1439 of 2025
Applicant :- Chetan Faujdar
Opposite Party :- State of U.P.
Counsel for Applicant :- Azhar Hussain,Ravitendra Pratap Singh Chandel
Counsel for Opposite Party :- G.A.,Prem Narayan Singh,Ram Bahadur
Hon'ble Ajay Bhanot,J.
Matter is taken up in the revised call. This is the second bail application.
Learned A.G.A. to file an affidavit bringing the details of the incriminating CCTV footage in the record.
List this matter on 26.03.2025.
The applicant is in jail since 03.03.2023. The status report sent by the learned trial court records that the prosecution proposes to examine 18 witnesses. However, only four witnesses have been examined till date. The report does not disclose any good cause for the delay in the trial. This appears to be a rather distressing state of affairs. The trial is moving at an inordinately slow pace. The learned trial court has to be conscious of the period of incarceration of the accused, and is required by law to faithfully implement the mandate of Section 309 Cr.P.C. and also under an obligation to uphold the fundamental right of an accused to a speedy trial.
Interest of justice will be served by directing the learned trial court to expedite the trial.
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 expeditiously. Preferably the trial court shall set for itself a reasonable time frame to conclude the trial say one year from the date of receipt of a certified copy of this order.
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 Deputy Commissioner of Police, Agra 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.
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 shall be under an obligation to examine whether 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. issued in compliance thereof have been implemented or not and to take appropriate action as per law.
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 learned 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.
By the next date of listing, learned trial court, Agra shall send a fresh report regarding the status of the trial and cause for the delay in concluding the trial in Session Trial No.1548 of 2023, Case Crime No.106 of 2023 under Sections 406, 323, 302, 201, 34 IPC, Police Station-Sadar Bazar, District-Agra 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.
A copy of this order be communicated to the learned trial court through learned District Judge, Agra as well as the Deputy Commissioner of Police, Agra by the Registrar (Compliance) by e-mail.
Order Date :- 5.2.2025
Ashish Tripathi
