Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21008 of 2019 Applicant :- Deepak Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajendra Prasad Shukla Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This fourth bail application has been filed seeking the release of the applicant on bail in Case Crime No. 560 of 2016, under Sections 147, 323/34, 336, 504, 506, 307, 302 I.P.C. and 3/2/5 S.C./S.T. Act, Police Station Medical, District- Meerut. The first and the second bail applications were rejected by this Court 07.3.2017 and 30.5.2017 respectively on merits. The third bail application was also rejected by this Court on 20.3.2018 in absence of applicant's counsel.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Submission of counsel for the applicant is that the trial is already going on and two witnesses have already been examined in the court but they have not supported the prosecution case and therefore, the applicant should be released on bail.
Learned A.G.A. has opposed the prayer for bail and has submitted that it is demonstrably clear that attempt is being made on the part of the accused side to placate the witnesses and tamper with prosecution evidence as a result of which the witnesses have turned hostile. Submission is that if the accused shall be released on bail even the remaining chances of a fair trial shall be lost beyond redemption and as the trial is already in progress, any order by this Court after considering the details of the merits of the case is fraught with the risk to cause serious prejudice to the trial.
I have considered the submissions raised at the bar and perused the record in the light of the same.
Keeping in view the overall facts and circumstances of this case and also keeping in view the fact that the trial is already progressing and witnesses are being examined, this Court does not deem it fit to enter into the details of the factual merits of the case and pass any speaking order on that basis on the point of bail. The matter is within the realm of the trial court now and the accused should get the final verdict with regard to his innocence or guilt from the trial court itself on the basis of thorough appreciation of evidence produced in the trial. This Court, therefore, abstains to pass order on the point of bail at this stage of the trial, lest it might cause prejudice to either side or impair the prospects of an impartial dispassionate verdict by the trial court.
Moreover, as earlier bail application has already been rejected by the preceding Bench on merits, I do not see any adequate good fresh ground on the basis of which the prayer for bail may be reconsidered and granted.
The fourth bail application, therefore, also stands rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 26.7.2019 Naresh