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2023 DIGILAW 361 (ALL)

Monti Alias Govind v. State of U. P.

2023-02-06

RAJIV GUPTA

body2023
JUDGMENT : 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This is third bail application. The first being Criminal Misc. Bail Application No. 12401 of 2019 and second being Criminal Misc. Bail Application No. 14277 of 2022 were rejected by me on merits vide orders dated 10.12.2020 and 25.05.2022 respectively. 3. This application has been filed by the applicant seeking bail in Case Crime No. 1187 of 2018, under Sections 363, 366, 376, 120-B, 344, 354-A IPC, Police Station Sardhana, District Meerut, during pendency of trial. 4. Learned counsel for the applicant has fairly submitted that in the present case, statement of the prosecution witnesses has already been recorded as well as statement of the accused under Section 313 Cr.P.C. has also been recorded. 5. Learned counsel for the applicant has next submitted that the applicant is in jail since 18.02.2019, as such, he may be released on bail. 6. Per contra, learned AGA has vehemently opposed the prayer for bail of the applicant. 7. After considering the submissions made at the bar by learned counsel for the parties and perusing the record, this Court is of the view that when the trial is already in progress and is almost at the fag end as the statements of accused under Section 313 Cr.P.C. has already been recorded. At this advanced stage of trial, 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. 8. The trial is already in progress and the accused should get the final verdict with regard to his innocence or 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. 9. 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. 10. 10. On the basis of the aforesaid facts and circumstances of the case, I am not inclined to grant bail to the applicant at this stage. Accordingly, the third bail application is also rejected at this stage. 11. However, the trial court is expected to make all endeavours to conclude the trial within a period of one month 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.