Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43564 of 2019 Applicant :- Irfan Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Jaiswal,Rohan Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit filed today is taken on record.
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- Irfan, involved, in Case Crime No. 330 of 2018, under Section 307, 34 IPC, P.S. Binauli, District- Baghpat.
Learned counsel for the applicant has fairly submitted that the trial in the present case has already started and the statement of P.W.-1 is being 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.
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 and taking into consideration that role of firing has been assigned to the applicant causing injury to the victim, I am not inclined to grant bail to the applicant at this stage.
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.
With these observations, the application is disposed of.
Order Date :- 17.12.2019 KU