Vinod v. State of U.P.
Case brief
What is this about?
In a second bail application, the Allahabad High Court declined to assess merits due to the ongoing trial with prosecution evidence recorded. The court rejected the bail plea, directing the trial court to conclude proceedings within six months to prevent undue delays.
What did the court decide?
Bail application rejected; trial directed to conclude within six months.
What the court decided
A compact analysis
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Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37927 of 2021
Applicant :- Vinod Opposite Party :- State of U.P. Counsel for Applicant :- Navaneet Kumar Shukla,Ravindra Kumar Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
This is second bail application. The first bail application was rejected by me on merits vide order dated 1.10.2020.
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- Vinod, involved, in Case Crime No. 334 of 2017, under Sections 498A, 304-B IPC and 3/4 of D.P Act, P.S. Kotwali, District- Deoria.
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 twelve 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
2 issues framed by the court
Whether bail should be granted to the applicant during the pendency of the trial when the prosecution witnesses have already been examined.
Whether the high court should form opinions on the merits of the case while the trial court is yet to finalize the evidence assessment.
Parties & counsel
- applicant
Vinod
Coram
Rajiv Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/37927/2021
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