Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48992 of 2020 Applicant :- Radheylal Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Raksha Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This is second bail application. The first being Criminal Misc. Bail Application No. 911 of 2018 was rejected by me on merits vide order dated 24.07.2019.
This application has been filed by the applicant seeking bail in Case Crime No. 105 of 2017, under Sections 302/34 IPC, Police Station Jafarganj, District Fatehpur, during pendency of trial.
Learned counsel for the applicant has fairly submitted that trial in the present case has already started and the statements of as many as three prosecution witnesses have also been recorded.
Learned counsel for the applicant has next submitted that the applicant is in jail since 26.06.2017, as such, he be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for bail and has submitted that no new ground has been canvassed for releasing the applicant on bail, as such, the applicant is not entitled to be released on bail.
After considering the submissions made at the 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. Analysing 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.
Considering the submissions of learned counsel for the parties and looking to the seriousness and gravity of the offence, evidence, complicity of the accused, I am not inclined to grant the bail to the applicant at this stage. Accordingly, this second bail application is also rejected.
However, the trial court is directed to make all endeavours to conclude the trial within a period of ten months from the receipt of certified copy of this order, without granting any unnecessary adjournment to either of the parties, if there is no other legal impediment in concluding the trial.
Order Date :- 30.9.2021 Nadim