Kitab Singh v. State of U.P.) had issued the following directions

The applicant has been identified as the principal offender who discharged his firearm and inflicted the fatal injuries to the deceased. There are eye witnesses to the incident. The postmortem report corroborates the prosecution case. The applicant has not cooperated with the investigation and had not joined the trial proceedings. The applicant had absconded till he was arrested. 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, the bail application is dismissed. Considering the gravity of the offence, interest of justice will be served by directing the learned trial court to expedite the trial within a stipulated period of time. 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 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, Budaun, 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 Senior Superintendent of Police, shall state the reasons for the same in the said affidavit and also show the steps taken to execute the warrants. The Senior Superintendent of Police, shall simultaneously inform the Additional Director General of Police (ADG) Bareilly 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) Bareilly 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 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, Budaun by the Registrar (Compliance) by FAX. " Subsequently, this Court on 24.07.2024 in Criminal Misc. Bail Application No. 14278 of 2024 (Kitab Singh vs. State of U.P.) had also issued the following directions:- "This is the second bail application. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 258 of 2012 (ST No. 2392 of 2023) at Police Station Kadar Chauk, District Budaun under Section 302, 506, 174A IPC. The applicant is in jail since 17.10.2023. The bail application of the applicant was rejected by this Court on 16.02.2024. The trial is on foot. At this stage, no fresh ground for bail is made out. Learned counsel for the applicant relies on certain exculpatory aspects of the testimony of P.W.-1. To the contrary, learned AGA points out certain inculpatory aspects of the testimony of the aforesaid witness. Be that as it may this Court does not propose to go into the appraisal of the said evidences at this stage as it may prejudice the trial. Without going into the merits of the case, at this stage the bail application is dismissed. This Court would like to express its prima facie dissatisfaction at the pace of the trial. The status report sent by the learned trial court records that the prosecution proposes to examine 15 witnesses to bring home the charges. Till date only two witnesses have been examined. No valid cause for delay in examination of the witnesses is disclosed from the report sent by the trial court. Prima facie the directions issued by this Court on 16.02.2024 in Criminal Misc. Bail Application No. 2168 of 2024 are not being complied with. A copy of this order be communicated to the learned trial judge through the learned District Judge, Budaun by the Registrar (Compliance) by E-mail. " Today when the matter is taken up for hearing, learned counsel for the applicant contends that the directions of this Court to expedite the trial have not been complied with. Learned counsel for the applicant contends that the prosecution proposes to examine 15 witnesses to bring home the charges. Till date only six witnesses have been examined. Attention is called to the order sheet appended to the bail application. The learned District Judge, Budaun as well as the trial court shall file separate reports regarding the steps taken to comply with the earlier directions of this Court to expedite the trial. Additionally the learned trial judge, Budaun shall also forthwith send a report regarding the status of the trial and cause for the delay in concluding the trial in Case Crime No. 258 of 2012 (S.T. No. 2392 of 2023) under Sections 302, 506, 174(A) IPC, Police Station- Kadar Chauk, District Budaun and also with the following details in tabulated form:- (1) Date on which the chargesheet was filed. (2) Date on which the charge was framed. (3) List of proposed prosecution witnesses/calendar submitted before the trial court for examination during the trial. (4) 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. (5) Number of prosecution witnesses in the chargesheet. (6) Names and number of prosecution witnesses who have been examined before the trial court with dates. (7) Names and number of witnesses who have been summoned but have not attended the trial proceedings on the appointed dates with dates. (8) Names and number of witnesses against whom coercive measures have been taken out with dates. Put up this case on 20.02.2025 in the list of additional cause list. In case the reports are not satisfactory, the Court may be compelled to issue appropriate directions against the defaulting officers. A copy of this order be communicated to the learned trial judge through the learned District Judge, Budaun by the Registrar (Compliance) by e-mail. Order Date :- 31.1.2025 Jaswant

The applicant has been identified as the principal offender who discharged his firearm and inflicted the fatal injuries to the deceased. There are eye witnesses to the incident. The postmortem report corroborates the prosecution case. The applicant has not cooperated with the investigation and had not joined the trial proceedings. The applicant had absconded till he was arrested. 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, the bail application is dismissed. Considering the gravity of the offence, interest of justice will be served by directing the learned trial court to expedite the trial within a stipulated period of time. 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 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, Budaun, 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 Senior Superintendent of Police, shall state the reasons for the same in the said affidavit and also show the steps taken to execute the warrants. The Senior Superintendent of Police, shall simultaneously inform the Additional Director General of Police (ADG) Bareilly 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) Bareilly 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 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, Budaun by the Registrar (Compliance) by FAX. " Subsequently, this Court on 24.07.2024 in Criminal Misc. Bail Application No. 14278 of 2024 (Kitab Singh vs. State of U.P.) had also issued the following directions:- "This is the second bail application. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 258 of 2012 (ST No. 2392 of 2023) at Police Station Kadar Chauk, District Budaun under Section 302, 506, 174A IPC. The applicant is in jail since 17.10.2023. The bail application of the applicant was rejected by this Court on 16.02.2024. The trial is on foot. At this stage, no fresh ground for bail is made out. Learned counsel for the applicant relies on certain exculpatory aspects of the testimony of P.W.-1. To the contrary, learned AGA points out certain inculpatory aspects of the testimony of the aforesaid witness. Be that as it may this Court does not propose to go into the appraisal of the said evidences at this stage as it may prejudice the trial. Without going into the merits of the case, at this stage the bail application is dismissed. This Court would like to express its prima facie dissatisfaction at the pace of the trial. The status report sent by the learned trial court records that the prosecution proposes to examine 15 witnesses to bring home the charges. Till date only two witnesses have been examined. No valid cause for delay in examination of the witnesses is disclosed from the report sent by the trial court. Prima facie the directions issued by this Court on 16.02.2024 in Criminal Misc. Bail Application No. 2168 of 2024 are not being complied with. A copy of this order be communicated to the learned trial judge through the learned District Judge, Budaun by the Registrar (Compliance) by E-mail. " Today when the matter is taken up for hearing, learned counsel for the applicant contends that the directions of this Court to expedite the trial have not been complied with. Learned counsel for the applicant contends that the prosecution proposes to examine 15 witnesses to bring home the charges. Till date only six witnesses have been examined. Attention is called to the order sheet appended to the bail application. The learned District Judge, Budaun as well as the trial court shall file separate reports regarding the steps taken to comply with the earlier directions of this Court to expedite the trial. Additionally the learned trial judge, Budaun shall also forthwith send a report regarding the status of the trial and cause for the delay in concluding the trial in Case Crime No. 258 of 2012 (S.T. No. 2392 of 2023) under Sections 302, 506, 174(A) IPC, Police Station- Kadar Chauk, District Budaun and also with the following details in tabulated form:- (1) Date on which the chargesheet was filed. (2) Date on which the charge was framed. (3) List of proposed prosecution witnesses/calendar submitted before the trial court for examination during the trial. (4) 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. (5) Number of prosecution witnesses in the chargesheet. (6) Names and number of prosecution witnesses who have been examined before the trial court with dates. (7) Names and number of witnesses who have been summoned but have not attended the trial proceedings on the appointed dates with dates. (8) Names and number of witnesses against whom coercive measures have been taken out with dates. Put up this case on 20.02.2025 in the list of additional cause list. In case the reports are not satisfactory, the Court may be compelled to issue appropriate directions against the defaulting officers. A copy of this order be communicated to the learned trial judge through the learned District Judge, Budaun by the Registrar (Compliance) by e-mail. Order Date :- 31.1.2025 Jaswant