Dileep Singh Chauhan v. State of U.P. and 3 Others
Case brief
What is this about?
The High Court of Judicature at Allahabad rejected the second bail application of Dileep Singh Chauhan. The court held that since the trial was already in progress with witness testimonies recorded, passing an order on merits would prejudge the trial court's independent assessment of evidence.
What did the court decide?
Bail application rejected; trial court directed to conclude trial within four months.
What the court decided
Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4778 of 2022
Applicant :- Dileep Singh Chauhan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Gaurav Kumar Shukla,Vishveshwar Mani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
This is second bail application. The first bail application was rejected by me vide order dated 1.2.2021.
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- Dileep Singh Chauhan, involved, in Case Crime No. 547 of 2020, under Sections 376, 452, 506 IPC and 3/4 of POCSO Act, P.S. Khalilabad, District- Sant Kabir Nagar.
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 three 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.
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 when the trial is already in progress.
Whether the high court should pass an order on the merits of the case at this stage of the trial.
Parties & counsel
- applicant
Dileep Singh Chauhan
- respondent
State Of U.P.
Coram
Rajiv Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/4778/2022
Similar cases
Judgements on the same questions, provisions and authorities, from every court