Neutral Citation No. - 2025:AHC:41977 Court No. - 46 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6873 of 2025 Applicant :- Paltan Opposite Party :- State of U.P. Counsel for Applicant :- Indra Deo Yadav,Yashpal Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. This is third bail application. The first being Criminal Misc. Bail Application No. 4017 of 2018 was rejected by me on merits vide order dated 05.02.2018 and second Criminal Misc. Bail Application No.39701 of 2018 was dismissed by a co-ordinate Bench of this Court vide order dated 08.07.2022. 3. This bail application has been filed by the applicant seeking prayer for bail in Sessions Trial No. 520 of 2017 (State Vs. Paltan), arising out of Case Crime No. 156 of 2017, under Sections 147, 148, 304, 323, 504, 506 IPC, P.S. Gambhirpur, District- Azamgarh. 4. Learned counsel for the applicant has submitted that in the instant case, the appellant is in jail since 04.08.2017, however, the trial has not yet been concluded. 5. 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. 6. Learned AGA for the State has vehemently opposed the prayer for bail. 7. Perusal of the report submitted by the trial court shows that in the instant case all the prosecution witnesses have been examined and the statement of accused under Section 313 Cr.P.C. has also been recorded. Even two of the defence witnesses produced by the accused have also been examined and the trial is at the fag end. 8. 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. 9. 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. 10. 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. 11. On the basis of the aforesaid facts and circumstances of the case and taking into consideration the fact that the trial is almost at the fag end, I am not inclined to grant bail to the applicant at this stage. Accordingly, this bail application is rejected. 12. With these observations, the bail application is, accordingly, dismissed. Order Date :- 21.3.2025 Subham Digitally signed by :- SUBHAM KUSHWAHA High Court of Judicature at Allahabad