Horipal v. State of U.P.
Case brief
What is this about?
In a second bail application, the court refused to grant bail while the trial was ongoing. The court held that assessing evidence is for the trial court and passing opinions on merits at this stage would prejudice the trial.
What did the court decide?
Bail application rejected. Trial Court directed to conclude trial within six months of receipt of certified copy.
What the court decided
A compact analysis
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. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10153 of 2021
Applicant :- Horipal Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Mishra,Vinay Saran(Senior Adv.) Counsel for Opposite Party :- G.A.,S.P.S. Chauhan,Sukhendra Singh
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State, Sri S.P.S Chauhan, learned counsel for the first informant and perused the record.
This is second bail application. The first bail application was dismissed for non prosecution by me vide order dated 15.12.2020.
This application has been filed seeking prayer for bail on behalf of applicant, involved, in Case Crime No. 791 of 2018, under Sections 302/34 IPC, P.S. Nauhjheel, District- Mathura.
Learned counsel for the applicant has fairly submitted that the trial in the present case has already started and the statement of P.W.-1 has already been recorded. He has tried to refer to the prosecution evidence given during trial in order to show that the case for bail is made out. The period of detention of the applicant has also been pointed out.
Learned AGA for the State as well as learned counsel for the first informant has vehemently opposed the prayer for bail of the applicant.
Issues for consideration
2 issues framed by the court
Whether bail should be granted during the pendency of the trial when evidence appreciation is the domain of the trial court.
Whether observations on the merits of the case by this Court will prejudice the independent assessment of evidence by the Trial Court.
Parties & counsel
- applicant
Horipal
- respondent
State of U.P.
Coram
Rajiv Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/10153/2021
Similar cases
Judgements on the same questions, provisions and authorities, from every court