Court No. - 25
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16215 of 2018 Applicant :- Ashok Kumar Pandey @ Chhangur Pandey Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State/respondent and perused the record.
This is the second bail application moved on behalf of the applicant Ashok Kumar Pandey @ Chhangur Pandey. His first bail application was dismissed as not pressed by this Court on 05.02.2018.
The second bail application has been filed by the applicant Ashok Kumar Pandey @ Chhangur Pandey seeking bail in Case Crime No. 05 of 2016, under Sections 323, 336, 504, 506, 304 IPC and Section 3(2)5 of SC/ST Act, P.S. Dhanapur, District Chandauli.
Learned counsel for the applicant has submitted that the trial in the present case has already been started and as many as three witnesses have already been examined.
Learned counsel for the applicant has tried to touch the prosecution evidence given in the Court in order to show the case for bail is made out. The period of detention of the applicant has also been pointed out.
Learned AGA 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.
On the basis of the aforesaid facts and circumstances of the case, I am not inclined to grant the bail to the applicant at this stage.
With the aforesaid observations, this second bail application is rejected.
However, the Trial Court is expected to make all endeavours to dispose of the trial within a period of six 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.
Order Date :- 26.7.2018 Nadim