Vipin @ Mukhiya v. State of U.P.
Case brief
What is this about?
The High Court rejected the second bail application filed in a murder case where the trial was already in progress. The Court held that assessing testimonies at this stage would prejudice the trial court's independent evaluation and refused bail. It directed the trial court to conclude the proceedings within three months.
What did the court decide?
Bail application rejected; trial directed to be concluded within three months.
What the court decided
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26324 of 2021
Applicant :- Vipin @ Mukhiya Opposite Party :- State of U.P. Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla 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.
This application has been filed seeking prayer for bail on behalf of applicant, involved, in Case Crime No. 143 of 2019, under Section 302 IPC, P.S. Sadar Bazar, District- Shahjahanpur.
Learned counsel for the applicant has fairly submitted that the trial in the present case has already started and the statements of as many as four prosecution witnesses have 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 has vehemently opposed the prayer for bail of the applicant.
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the applicant at the stage where the trial is already in progress but evidence is being recorded.
Whether the trial court should dispose of the pending trial within a specific timeframe.
Whether any observation by the High Court on the merits of the case might prejudice the independent assessment of evidence by the trial court.
Parties & counsel
- applicant
Vipin @ Mukhiya
- respondent
State of U.P.
Coram
Rajiv Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/26324/2021
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