Court No. - 71
Case :- CRIMINAL APPEAL No. - 3890 of 2019 Appellant :- Anuj Kumar Patel Respondent :- State Of U.P. And Another Counsel for Appellant :- Rakesh Kumar Mathur,Sanjay Pandey Counsel for Respondent :- G.A.,Sayed Sohail Asgar
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the appellant, learned AGA for the State and perused the record.
This appeal has been filed against the order dated 24.7.2018 passed by Additional District and Sessions Judge, Court No.2, Kaushambi in Bail application no . 77 of 2018, arising out of case crime No. 244 of 2018, under section 323, 504, 506, 376 I.P.. and section 3(2) (5) of SC/ST Act, P.S. Manjhanpur, District Kaushambi.
Learned counsel for the appellant has fairly submitted that the trial in the present case has already started and the statement of the victim has 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 appellant.
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.
On the basis of the aforesaid facts and circumstances of the case, I am not inclined to grant bail to the applicant at this stage. Accordingly, the 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 criminal appeal is disposed of.
Order Date :- 31.7.2019 R