The High Court rejected the second bail application of Arvind in a trial proceeding under various IPC sections. The court held that since no new grounds were presented regarding the trial stage and the matter was within the trial court's jurisdiction, the application stands dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47457 of 2017
Applicant :- Arvind Opposite Party :- State Of U.P. Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This is the second bail application moved on behalf of applicant Arvind seeking his release on bail in connection with Case Crime No.1072 of 2014, u/s 395, 397, 412, 332, 353, 323, 223, 224, 34 and 120-B I.P.C., P.S.-Baghpat, District-Baghpat. First bail application was rejected by this Court on merits vide order dated 25.10.2016.
Heard learned counsel for the applicant and learned A.G.A. and also perused the record.
Perusal of earlier bail rejection order shows that the prime region for not passing any order was the commencement of trial which was already going on. The facts remain the same. On being questioned, the counsel for the applicant has not been able to tell the Court the stage of trial or the number of prosecution witnesses who have already been examined. He pleads complete ignorance about the status and in such situation there is hardly any new good fresh ground on the basis of which this bail application may be allowed. The matter is already within the realm of the trial court which ought to adjudicate upon the point of guilt or innocence of the accused and any finding on merits at this stage is likely to impair upon the independent dispassionate assessment of the trial court which would not be proper.
In the aforesaid background, looking to the overall facts and circumstances of the case, the second bail application stands rejected.
Order Date :- 24.5.2018 M. Kumar
2 issues framed by the court
Whether bail should be granted in the second bail application given the absence of new grounds and the ongoing trial.
Whether the question of guilt or innocence should be adjudicated by the trial court rather than the High Court at this stage.
Arvind
Karuna Nand Bajpayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
