Allahabad HC Directs DGP To Explain Delays In Witness Presentations In Trial Courts

The Allahabad High Court has demanded a personal affidavit from the Director General of Police (DGP) regarding delays in presenting witnesses in trials, which has hindered the completion of criminal proceedings in the state.

The court instructed the DGP to clarify why the prosecution has not timely presented witnesses and what measures it has taken to ensure their appearance in court.

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Justice Sanjay Kumar Singh issued this order during the hearing of the fourth bail application for accused Manoj in a serious criminal case registered at the Hindoli Kalana police station in Etah.

Additionally, the court noted that it had rejected three previous bail applications.

The petitioner argued that he has faced imprisonment since 13 February 2017, and in the past seven and a half years, the prosecution has presented only three witnesses, which violates the Supreme Court’s guidelines and infringes on the petitioner’s fundamental rights.

Furthermore, the petitioner noted that the court granted bail to co-accused Pancham Singh, alias Pankshi, on 13 September 2024, for the same reasons, and requested his release on bail based on parity.

Citing a Supreme Court directive, the petitioner argued that if the prosecution is not taking sufficient interest in completing the trial and making serious efforts to present witnesses, then no accused should held indefinitely in custody.

The court highlighted that similar cases frequently arise where the prosecution fails to timely produce witnesses, even in heinous crimes.

Noting the lack of serious effort to complete trials, the court remarked that the Supreme Court has granted bail in such cases.

Before issuing its order, the court deemed it appropriate to request a report from the presiding officer on why the trial has not been completed and who is responsible for the delays.

The court has asked the DGP to submit an affidavit detailing the actions taken in this regard.

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