Bail is declined when strong circumstantial and forensic evidence prima facie links the accused to the crime. Concurrently, the judiciary requires adequate ministerial staff, forensic autonomy, and police compliance with electronic process rules to effectively curb case pendency and ensure timely justice.

JUDGMENT :

ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Dinesh Mishra, learned counsel for the applicant, Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the record.

2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime no. 290/2025, under Sections 103(1), 238, 309(6), 317(2), Bhartiya Nyay Sanhita (B.N.S.), Police Station-Husenganj, District Fatehpur.

3. This matter was heard on 07.04.2026, 15.04.2026 and 24.04.206. On that date, the Court found that though a blood-stained screw driver was sent to FSL examination, no query was made by the I.O. whether the blood found on the screw driver belonged to the deceased. Therefore, this Court directed the Director, FSL, to appear before it to assist the Court vide order dated 24.04.2026, and the matter was posted for 29.04.2026. In pursuance of the order dated 24.04.2026, the Director, FSL U.P., Lko, was present on 29.04.2026. On that date, the Director FSL informed the Court that though the DNA profile can be generated within 3 to 4 days if blood sample is fresh and even DNA profile can also be generated from disintegrated blood sample, if the same was collected carefully and high-end instruments are available in the lab and at present FSLs in UP are facing problem not only the shortage of staff but also of latest machines required for forensic and ballistic test. It was also informed by the Director, FSL, that though 12 FSLs have been functioning in the State of U.P., only 8 FSLs have the facility to generate a DNA profile. It was also informed by the Director, FSL, U.P., that, as of date, U.P. FSL is not an autonomous body under the Home Department but is part of the police department; for that reason, it is not administratively free to procure instruments or appoint staff. It was further informed that, though the Ministry of Home Affairs, Govt. of India, has sent several letters to the State Government to make the FSL in U.P. an autonomous body under the Home Department, the process is still ongoing. Therefore, this Court again directed the Director General of Police as well as Additional Chief Secretary (Home), U.P., to appear before this Court through V.C. to assist the Court along with the Director, FSL, U.P. vide order dated 29.04.2026.

4. Today, in pursuance of the order dated 29.04.2026, Sri Rajeev Krishna, the Director General of Police, U.P., as well as Sri Mohit Gupta, Secretary Home, U.P., as well as Sri Adarsh Kumar, Director, U.P., FSL are present before this Court through V.C.

5. When the Court asked the DGP, why I.Os. are not seeking query from FSL while sending the blood sample regarding matching of DNA of the blood found on the blood stained weapon as well as accused or deceased then, he apprised to the Court that it is negligence on the part of I.Os. and he will issue appropriate directions regarding seeking DNA match of blood found on the cloth or weapon with the accused as well as deceased.

6. The DGP further informed the Court that in pursuance of the Rule 8 of Electronic Processes (Issuance, Service and Execution) Rules 2026, he will direct all the police officers