# Jitendra v. State of U.P. 1316 INDIAN LAW REPORTS ALLAHABAD SERIES

- **Citation:** (2024) 2 ILRA 1315
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-12-20
- **Case number:** Crl. Misc. Bail Application No. 9126 of 2023
- **Bench:** Ajay Bhanot
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/jitendra-v-state-of-u-p-1316-indian-law-reports-allahabad-series-50879
- **Pages:** 6

## Headnote

G.A.

Bail-delay-Registers
of
processes
to
be
maintained under Rule 12 of the General Rules
(Criminal) shall be regularly updated by the
learned trial courts- all issues which create
impediments or legal issues that arise during the
course of bail hearings-are necessary to be
decided for fair administration of justice in bail
jurisdiction- ought to be decided by the Court
hearing
the
bail
application.
Application
allowed. (E-9)

Cases cited:

## Text

2 All. Jitendra Vs. State of U.P.
1315
stipulated by this Court while rejecting the
first bail of the present applicant. All
prosecution witnesses have been examined.
The petitioner is in judicial custody for
more than 6 years and there is no
possibility to conclude the trial shortly.
Hence, all the aforesaid reasons may be
considered as fresh grounds to allow
second bail application in view of the
dictum of Apex Court in re: Union of India
vs. K.A. Najeeb (supra), Paras Ram
Vishnoi vs. The Director, Central Bureau
of Investigation (supra) and Gokarakonda
Naga Saibaba (supra). So, the applicant is
entitled to be released on bail in this case.

15. Therefore, without entering into
the merits of the case, the present bail
application is allowed.

16. Let the applicant Vikas Singh,
involved in aforesaid case crime be
released on bail on his furnishing a
personal bond and two sureties each in the
like amount to the satisfaction of the court
concerned with the following conditions
which are being imposed in the interest of
justice:-

(i) The applicant shall file an
undertaking to the effect that he shall not
seek any adjournment on the dates fixed for
evidence when the witnesses are present in
court. In case of default of this condition, it
shall be open for the trial court to treat it as
abuse of liberty of bail and pass orders in
accordance with law.

(ii) The applicant shall remain
present before the trial court on each date
fixed, either personally or through his
counsel. In case of his absence, without
sufficient cause, the trial court may proceed
against him under Section 229-A of the
Indian Penal Code.

(iii) In case, the applicant misuses
the liberty of bail during trial and in order
to secure his presence proclamation under
Section 82 Cr.P.C. is issued and the
applicant fails to appear before the court on
the date fixed in such proclamation, then,
the trial court shall initiate proceedings
against him, in accordance with law, under
Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain
present, in person, before the trial court on
the dates fixed for (i) opening of the case,
(ii) framing of charge and (iii) recording of
statement under Section 313 Cr.P.C. If in
the opinion of the trial court absence of the
applicant is deliberate or without sufficient
cause, then it shall be open for the trial
court to treat such default as abuse of
liberty of bail and proceed against him in
accordance with law.

(v) The applicant shall not leave the
country without permission of the Court
concerned.

[Before parting with, I appreciate
the efforts and research done by Mr. Piyush
Tripathi, Research Associate and Mr.
Vaibhav Tyagi, Law Intern, attached with
me, in finding out the relevant case laws,
applicable in the present case.]
----------
(2024) 2 ILRA 1315
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 20.12.2023

BEFORE

THE HON'BLE AJAY BHANOT, J.

Crl. Misc. Bail Application No. 9126 of 2023

Jitendra ...Applicant
Versus
State of U.P. ...Respondent
1316 INDIAN LAW REPORTS ALLAHABAD SERIES
Counsel for the Applicant:
Sri J.B. Singh

Counsel for the Respondents:
G.A.

Bail-delay-Registers
of
processes
to
be
maintained under Rule 12 of the General Rules
(Criminal) shall be regularly updated by the
learned trial courts- all issues which create
impediments or legal issues that arise during the
course of bail hearings-are necessary to be
decided for fair administration of justice in bail
jurisdiction- ought to be decided by the Court
hearing
the
bail
application.
Application
allowed. (E-9)

Cases cited:

1. Criminal Misc. Bail Application No. 16871 of
2023, (Bhanwar Singh @ Karamvir Vs St. of
U.P.)

(Delivered by Hon'ble Ajay Bhanot, J.)

1. Heard Shri J.B. Singh, learned
counsel for the applicant and Shri Ashok
Mehta,
learned
Additional
Advocate
General assisted by Shri Paritosh Kumar
Malviya, learned AGA-I for the State.

2. Personal affidavits filed on behalf
of Principal Secretary (Home), Government
of U.P., Lucknow and Director General of
Police, Government of U.P., Lucknow is
taken on record.

3. This Court in Criminal Misc. Bail
Application No. 16871 of 2023, (Bhanwar
Singh @ Karamvir Vs. State of U.P.)
noticed the issues arising in administration
of justice in bail jurisdictions. This Court
has repeatedly held that bail jurisdiction
does not denude the constitutional status of
the
Court. All
issues
which
create
impediments or legal issues that arise
during the course of bail hearings and are
necessary
to
be
decided
for
fair
administration of justice in bail jurisdiction
ought to be decided by the Court hearing
the bail application. Bhanwar Singh
(supra) noticed the problem of delay in
trial being caused by chronic failure of the
police authorities to serve summons and
execute coercive processes issued by the
Court for appearance of witness on
appointed dates before the trial court.

4. This Court vide order dated
14.09.2023 issued certain guidelines. In
compliance of this order, the Director
General of Police, Government of U.P.,
Lucknow and Principal Secretary (Home),
Government of U.P. have filed their
affidavits.

5. The relevant paragraphs of the
affidavit filed by the Principal Secretary
(Home) is being extracted hereunder:

"5. That in respect of the
directions given by Hon'ble High Court
from time to time and specially in 'Bhanwar
Singh Case' regarding timely execution of
processes issued by the learned trial courts
the deponent vide Government Order No.
HC-100/6-PO-9-2023 Dated 14.10.2023
has issued the following directions.

i. A Superintendent of Police rank
officer has been appointed as a Nodal
officer for effective execution of processes
(summons/warrants/notices)
issued
by
learned trial courts, in every police
Commissionerate/District. In this respect
D.G. police circular dated 10.10.2023 will
be strictly complied by every Nodal officer.

ii. All District Nodal officers will
ensure the strict compliance of DG police
circular dated 10.10.2023.

iii.
All
District
Magistrates,
Executive Magistrates, District Incharge of
police will ensure the compliance of
Government Order dated 23.11.2022 issued
2 All. Jitendra Vs. State of U.P.
1317
by Department of Home, Government of
Uttar Pradesh, Lucknow

iv. Additional Director General
(Prosecution) is directed to issue a direction
regarding
maintainability
of
witness
register with 'Court Moharrir', in which
name and address, mobile number, Aadhar
number of every prosecution witnesses will
be mentioned and a direction is also issued
to insert a column in the 'Pairavi Register'
of concerned Pairokar of Police Station.

v. District nodal officer will
ensure that the Public Prosecutor and
concerned 'Court Moharrir' will have
access to process register of learned trial
courts so that police station/ summon cell
process register could be matched. A
direction to learned trial courts to this
effect, by Hon'ble High court, will be
required.

vi. As per provision of chapter 3
read with rule 12 of General Rules
Criminal as well as circular order C.L
Number 42/98 dated 20.8.98 issued by
Hon'ble High court the name, designation,
mobile number of police official who
received the court process will be clearly
mentioned in the column of process register
of
learned
trial
court,
so
that
his
responsibility could be fixed. A copy of
Government Order No. HC-100/6-PO-92023 Dated 14.10.2023 is annexed as
Annexure no.2 to this affidavit.

6. That it is pertinent to submit
here that regarding timely execution of
processes issued by the learned trial courts
the Director General of Police, Uttar
Pradesh vide DG Circular No. 40/2023,
Dated 10.10.2023 has issued the following
directions.

i. A central register will be
prepared for entering processes received
from different trial courts in the office of
the Nodal Officer and a Desk will be
established for sending the summon/
warrants for its execution daily processes
will be recorded in central register,
policeman will be deployed at the process
desk.

ii. The service receipt received
after service of summons/warrants will be
entered in the central register by policeman
posted at summon desk and service report
will be communicated to the concerned
trial court.

iii. In compliance with the
processes served, the details of the
witnesses present and examined in trial
courts will also be complied through
summon/warrant desk and it will be
reviewed from time to time at the
competent officer level.

iv. Nodal officers will weekly
examine the Summons/warrants execution
register.

v. A monthly statement will be
prepared in respect of the service of
processes and same will be presented
before Nodal officer for perusal. The Nodal
Officer will warn in writing to subordinate
Officers and station in charge who are on
laxity and after three consecutive months of
laxity, so cause notice will be issued against
the subordinate Officers and In-charge of
Police Station.

vi. At District level Deputy
Superintendent
of
Police/Additional
Superintendent of Police and at Police
Commissionerate level Assistant Police
Commissioners will monitor the service of
processes by the concerned police stations
under their local jurisdiction and if any
laxity will be found Supervisory officers
will be accountable.

vii. Every Nodal Officer will be
responsible for execution of service of
processes (summons / warrants/ notices)
under their local jurisdiction.

viii. Work of Nodal Officers will
be
regularly
assessed
by
Additional
1318 INDIAN LAW REPORTS ALLAHABAD SERIES
Director General of Police (Zonal) and
Regional Inspector General of Police /
Deputy Inspector General of Police in case
of any laxity, he will inform the head
quarter of Director General of Police.

ix. As discussed above D.G.
Circular no. 30/2023 dated 16.08.2023 has
been partially changed as Superintendent of
Police will be a Nodal Officer in place of
Additional Superintendent of Police. A
copy
of
DG
police
circular
dated
10.10.2023 is annexed as Annexure No. 3
to this affidavit.

8. That this Hon'ble Court time to
time observed that non presence of police
witnesses in trial court is a main
impediment for delaying of criminal trials.
It is a issue of great concern, deponent is
trying to fix departmental accountability for
the
timely
presence
of
police
personnel/witnesses
(i.e.
investigation
officer etc.) in Criminal trial."

6. Similarly, the relevant paragraphs
of the affidavit filed by the Director
General of Police, Government of U.P.,
Lucknow are extracted hereunder:

"5. That in respect of the
directions given by Hon'ble High Court
from time to time and specially in 'Bhanwar
Singh Case' regarding timely execution of
processes issued by the learned trial courts
the Principal Secretary (Home), Govt. of
U.P. vide Government Order No. HC100/6-PO-9-2023 Dated 14.10.2023 has
issued the following directions:

i. A Superintendent of Police rank
officer has been appointed as a Nodal
officer for effective execution of processes
(summons/warrants/notices)
issued
by
learned trial courts, in every police
Commissionerate/District. In this respect
D.G. police circular dated 10.10.2023 will
be strictly complied by every Nodal officer.

ii. All District Nodal officers will
ensure the strict compliance of DG police
circular dated 10.10.2023.

iii.
All
District
Magistrates,
Executive Magistrates, District Incharge of
police will ensure the compliance of
Government Order dated 23.11.2022 issued
by Department of Home, Government of
Uttar Pradesh, Lucknow.

iv. Additional Director General
(Prosecution) is directed to issue a direction
regarding
maintainability
of
witness
register with 'Court Moharrir', in which
name and address, mobile number, Aadhar
number of every prosecution wintess will
be mentioned and a direction is also issued
to insert a column in the 'Pairavi Register'
of concerned Pairokar of Police Station.

v. District Nodal officer will
ensure that the Public Prosecutor and
concerned 'Court Moharrir' will have
access to process register of learned trial
courts so that police station/summon cell
process register could be matched. A
direction to learned trial courts to this
effect, by Hon'ble High Court, will be
required.

vi. As per provision of Chapter 3
read with Rule 12 of General Rules
Criminal as well as circular order C.L.
Number 42/98 dated 20.08.98 issued by
Hon'ble High Court the name, designation,
mobile number of police official who
received the court process will be clearly
mentioned in the column of process register
of
learned
trial
court,
so
that
his
responsibility could be fixed. A copy of
Government Order No. HC-100/6-PO-92023 Dated 14.10.2023 is annexed as
Annexure No. 2 to this affidavit.

6. That in respect of the directions
given by Hon'ble High Court from time to
time and specially in 'Bhawar Singh Case'
regarding timely execution of processes
issued by the learned trial courts the
2 All. Jitendra Vs. State of U.P.
1319
deponent
has
issued
the
following
directions.

i. A central register will be
prepared for entering processes received
from different trial courts in the office of
the Nodal Officer and a Desk will be
established
for
sending
the
summon/warrants for its execution daily
processes will be recorded in central
register, policeman will be deployed at the
process desk.

ii. The service receipt received
after service of summons/warrants will be
entered in the central register by policeman
posted at summon desk and service report
will be communicated to the concerned
trial court.

iii. In compliance with the
processes served, the details of the
witnesses present and examined in trial
courts will also be complied through
summon/warrant desk and it will be
reviewed from time to time at the
competent officer level.

iv. Nodal officers will weekly
examine the Summons/warrants execution
register.

v. A monthly statement will be
prepared in respect of the service of
processes and same will be presented before
Nodal officer for perusal. The Nodal officer will
warn in writing to subordinate Officers and
station in charge who are on laxity and after
three consecutive months of laxity, so cause
notice will be issued against the subordinate
Officers and In-charge of Police Station.

vi.
At
District
level
Deputy
Superintendent
of
Police/Additional
Superintendent of Police and at Police
Commissionerate
level
Assistant
Police
Commissioners will monitor the service of
processes by the concerned police stations
under their local jurisdiction and if any laxity
will be found Supervisory officers will be
accountable.

vii. Every Nodal Officer will be
responsible for execution of service of
processes (summons /warrants/ notices) under
their local jurisdiction.

viii. Work of Nodal Officers will be
regularly assessed by Additional Director
General of Police (Zonal) and Regional
Inspector General of Police / Deputy Inspector
General of Police in case of any laxity, he will
inform the Headquarter of Director General of
Police.

ix. As discussed above D.G. Circular
no. 30/2023 dated 16.08.2023 has been partially
changed as Superintendent of Police will be a
Nodal
Officer
in
place
of Additional
Superintendent of Police. A copy of DG police
circular dated 10.10.23 is annexed as Annexure
No.3 to this affidavit.?

7. The Government Orders and the
directions issued by the Principal Secretary
(Home), Government of U.P., Lucknow as well
as Director General of Police, Government of
U.P., Lucknow extracted herein earlier from
now on shall be treated as orders of this Court
for purposes of implementation.

8. The Director General of Police,
Government of U.P., Lucknow and other
responsible
officials
shall
ensure
strict
compliance of the directions extracted earlier.

9. Registers of processes to be maintained
under Rule 12 of the General Rules
(Criminal) shall be regularly updated by the
learned trial courts.

10. The Judicial Training and
Research Institute report submitted by Shri
Vinod Kumar Rawat, Director, Judicial
Training and Research Institute in regard to
expeditious service of summons and
execution of coercive measures to compel
the appearance of witnesses shall also be
examined by the Government.
1320 INDIAN LAW REPORTS ALLAHABAD SERIES

11. It needs to be emphasized that non
appearance of witnesses is one very critical
factor but not the sole cause for delays in
trials. Hence, this cause of delay cannot be
looked at in isolation to the exclusion of
infrastructure
which
is
required
for
discharge of judicial functions. For a long
term and enduring solution, a composite
vision has to be adopted and holistic
endeavours have to be made. Mere
presence of witnesses in itself will not be
sufficient to curtail the delays in the trials.
The problem of delayed trials requires that
various elements of judicial infrastructure
have to grow in tandem with the
administrative scheme drawn up by the
Uttar Pradesh Police and the State
Government for compelling appearance of
witnesses.

12.

The
Government,
other
stakeholders as well as the Courts shall
strive
to
meet
all
corresponding
requirements of the Courts; and make
endeavours to upgrade infrastructure so that
witnesses can be duly examined when they
appear before the trial court on the
appointed dates.

13. The directions issued by the
Director General of Police, Government of
U.P. as well as Principal Secretary (Home)
shall be treated as directions of this Court.

Order in Bail Application

14. This is the second bail application.

15. By means of the the bail
application the applicant has prayed to be
enlarged on bail in Case Crime No. 483 of
2020 at Police Station- Dankaur, District-
Gautam Budh Nagar under Sections 498A,
304B, 201, 120B IPC and Section 3/4
Dowry Prohibition Act. The applicant is in
jail since 08.03.2021.

16. The applicant is on interim bail
granted by this Court by order dated
22.05.2023.

17. The applicant is entitled to bail for
the reasons narrated in the order passed this
Court on 22.05.2023.

18. Let the applicant- Jitendra be
granted bail in the aforesaid case crime
number under the same conditions.

19. The bail application is allowed.

20. Government Advocate to send a
copy of this order to Director General of
Police, Government of U.P. and Principal
Secretary(Home), Government of U.P.,
Lucknow.

21. The Court appreciates the
assistance rendered by Shri Ashok Mehta,
learned
Additional
Advocate
General
assisted by Shri Paritosh Kumar Malviya,
learned AGA-I for the State.
----------
(2024) 2 ILRA 1320
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: LUCKNOW 29.01.2024

BEFORE

THE HON'BLE KARUNESH SINGH PAWAR, J.

Crl. Misc. Bail Application No. 15239 of 2022

Yogendra Kumar ...Applicant
Versus
State of U.P. ...Respondent

Counsel
for
the
Applicant: