High Court rejected bail application for an accused facing 498-A, 304-B IPC charges pending trial. Court refused to weigh evidence to avoid prejudicing the trial, ordered the Trial Court to complete proceedings in four months, and disposed of the matter.
Bail application rejected; trial to be concluded within four months without unnecessary adjournments.
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32285 of 2021
Applicant :- Shyamveer Opposite Party :- State of U.P. Counsel for Applicant :- C.D.Mishra,Akhilesh Singh,Chandra Prakash Singh,Narendra Singh Chahar,Pulak Ganguly,Rajesh Kumar Vishwakarma,Satya Pal Singh Counsel for Opposite Party :- G.A.,Mayank Yadav,Vivek Kumar Singh
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, Sri Mayank Yadav, learned counsel for the first informant as well as learned AGA for the State and perused the record.
This application has been filed seeking prayer for bail on behalf of applicant- Shyamveer, involved, in Case Crime No. 63 of 2020, under Sections 498-A, 304-B, 323 IPC & 3/4 D.P. Act, P.S. Rajpura, District- Sambhal.
Learned counsel for the applicant has fairly submitted that the trial in the present case has already started and the statements of PW1 has already been recorded. He has tried to refer to the prosecution evidence 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 Sri Mayank Yadav, learned counsel for the informant have 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 four 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 :- 23.11.2022 AKT
Digitally signed by ASHOK KUMAR TRIPATHI Date: 2022.11.29 11:14:32 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted to the applicant at this stage despite the trial already being in progress.
Whether the High Court is required to interfere with the ongoing trial proceedings by recording an opinion on evidence.
Whether the Trial Court is expected to conclude the trial within a specific timeframe.
Shyamveer
State of U.P.
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
