In a criminal bail application, the High Court of Judicature at Allahabad rejected the second bail prayer. The Court held that since the trial was in progress, it would be improper to pass any order on the merits to avoid prejudicing the trial court's independent assessment of evidence.
Bail application rejected. Trial to be concluded within six months.
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Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14277 of 2022
Applicant :- Monti Alias Govind Opposite Party :- State of U.P. Counsel for Applicant :- Akshayavar Nath Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This is second bail application. The first being Criminal Misc. Bail Application No. 12401 of 2019 was rejected by me on merits vide order dated 10.12.2020.
This application has been filed by the applicant seeking bail in Case Crime No. 1187 of 2018, under Sections 363, 366, 376, 120-B, 344, 354-A IPC, Police Station Sardhana, District Meerut, during pendency of trial.
Learned counsel for the applicant has fairly submitted that there are only three prosecution witnesses and two prosecution witnesses have already been examined and the trial in the present case is already in progress.
Learned counsel for the applicant has next submitted that the applicant is in jail since 18.02.2019, as such, he be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for bail of the applicant.
After considering the submissions made by learned counsel for the parties and perusing the record, this Court is of the view that when the trial is already in progress, it shall not be proper to give any finding or pass any order on the merits of the case on the basis of the statements given in the court below.
The trial is already in progress and the accused should get the final verdict with regard to his innocence or guilt from the trial court on the basis of appreciation of evidence produced during the course of trial. Analyzing the testimonies and worthiness of the witnesses and making the judicial assessment of the same can be more appropriately done by the trial court.
Any finding or order passed by this Court on the merits of the case after assessing the testimonies of the prosecution witnesses produced during the course of trial might seriously prejudice the independent assessment of the evidence by the trial court, therefore, this Court is of the opinion that any observation made
by this Court may cause prejudice to either side.
On the basis of the aforesaid facts and circumstances of the case, I am not inclined to grant bail to the applicant at this stage. Accordingly, this second bail application is also rejected.
However, the trial court is expected to make all endeavours to conclude the trial within a period of six months from the receipt of certified copy of this order, without granting any unnecessary adjournment to either of the parties, if there is no other legal impediment in concluding the trial.
Order Date :- 25.5.2022 Nadim
Digitally signed by NADIM ALAM Date: 2022.05.26 09:54:39 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted pending trial when investigation is complete and trial has commenced.
Monti Alias Govind
State of U.P.
Rajiv Gupta
Nadim
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
