Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34147 of 2020 Applicant :- Amar Nath Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Sitaram Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Perused the report of District and Sessions Judge, Deoria, submitted on record. But at the very outset, this report seems to be a cryptic report, having no reply of the query made by this Court. Specific report was called for, with regard to non- compliance and non adherence of mandatory provision of Section 309 of Cr.P.C. But no recital with regard to it is there, except a general explanation with regard to Covid-19 pandemic. No specific reply of the alleged query is there. It is never expected from District and Sessions Judge.
Hence, this Office is being directed to apprise this situation to concerned District and Sessions Judge, Deoria, for being careful while making reply to any query made by this Court. Evasive and cryptic reply is never expected.
However, a further direction is being given to District and Sessions Judge, Deoria, who had framed charge in this trial on 19.3.2019 to conclude the trial strictly in accordance with provision of Section 309 Cr.P.C., preferably within six months.
This second bail application be listed immediately after six months and before listing this bail application, updated status of trial along with explanation from the Court concerned be also obtained and placed on record provided there is non compliance of this direction. If the direction has been complied and trial has been concluded, then no need to file explanation.
The Senior Superintendent of Police, Deoria, in person, is directed to ensure protection of prosecution witnesses before trial Court on the date of their summoning, strictly in accordance with the calendar of sessions and strict compliance of provision of Section 309 of Cr.P.C.
Office to communicate this order through email as well as FAX to District and Sessions Judge, Deoria as well as Senior Superintendent of Police, Deoria.
Order Date :- 28.10.2021 Kamarjahan