Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26008 of 2018 Applicant :- Rajesh Kol Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey,Ravi Kant Shukla 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 application has been filed seeking prayer for bail on behalf of applicant- Rajesh Kol, involved, in Case Crime No. 58 of 2016, under Sections 498-A,304 B IPC and 3/4 of D.P. Act, P.S. Halia, District- Mirzapur.
Learned counsel for the applicant has fairly submitted that the trial in the present case has already been started and the statements of two witnesses have already been 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.
Considering the facts and circumstances of the case, I do not find it a fit case for bail.
The 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 :- 30.1.2019 R