Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17061 of 2014 Applicant :- Rahul Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Praveen Kr. Giri,Alok Kumar Singh,Pramod Kumar Shukla Counsel for Opposite Party :- Govt. Advocate
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This is the second bail application and has been filed by the applicant Rahul Sharma seeking bail in Case Crime No. 639 of 2013, under Sections 302, 394 IPC, Police Station Kasna, District Gautam Buddha Nagar.
Learned counsel for the applicant has submitted that the trial in the present case has already started and the statements of the witnesses have also been recorded. He has tried to refer 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, I am not inclined to grant the bail to the applicant at this stage. This second bail application is accordingly 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 :- 23.2.2018 Nadim