The Court rejected a bail application in a case under Section 302 IPC pending trial. It held that passing an order on merits during the trial would prejudice the Trial Court's independent assessment of evidence. The application is dismissed and bail refused.
Bail application rejected; trial ordered to conclude within three months.
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28655 of 2022
Applicant :- Smt. Neelam Opposite Party :- State of U.P. Counsel for Applicant :- Chandrajeet 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 application has been filed seeking prayer for bail on behalf of applicant, involved, in Case Crime No. 92 of 2017, under Sections 302 IPC, P.S. Niwari, District- Ghaziabad.
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.
After considering the submissions made at bar by learned counsel for the applicant 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.
The trial is already in progress and the accused should get the final verdict with regard to his innocence and 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.
Considering the facts and circumstances of the case, I am not inclined to grant bail to the applicant at this stage. Accordingly, this bail application is rejected.
However, the Trial Court is expected to make all endeavours to dispose of the trial within a period of three months from the receipt of the certified copy of this order, without granting any unnecessary adjournment to either of the parties and there is no other legal impediment in concluding the trial.
With these observations, the application is disposed of.
Order Date :- 25.11.2022 KU
Digitally signed by KALIM UDDIN SIDDIQUI Date: 2022.11.28 14:26:25 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted pending trial when the trial is already in progress.
Smt. Neelam
Rajiv Gupta
Kalim Uddin Siddiqui
As recorded by the court registry
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