HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27652 of 2023 Court No. - 45 HON'BLE RAJIV GUPTA, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. This is a second bail application on behalf of the applicant. The first bail application on his behalf was rejected by this court vide order dated 25.11.2022. 3. Learned counsel for the applicant has submitted that the applicant is in jail since 31.10.2021, however, despite lapse of about four years, trial has not yet been concluded. He has also tried to touch upon the prosecution evidence recorded during trial in order to show that a case for bail is made out. 4. Per contra, learned AGA has vehemently opposed the said prayer and has submitted that in the instant case, all the prosecution witnesses has already been examined and today (10.10.2025), the date is fixed before the trial court for recording the statement of the accused under section 313 Cr.P.C. and as such, trial is almost at the fag end and there is no reason to grant bail to the applicant. 5. Having considered the rival submissions made by the learned counsel for the parties and taking into consideration the fact that the trial in the instant case is already at the fag end and all the prosecution witnesses has already been examined and today (10.10.2025), the date is fixed before Versus Counsel for Applicant(s) : Ajay Kumar Srivastava, Anand Kumar Singh Counsel for Opposite Party(s) : G.A. Hariom Goswami .....Applicant(s) State of U.P. .....Opposite Party(s) the trial court for recording of the statement of the accused under section 313 Cr.P.C. 6. In view thereof, the 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 merits of the case on the basis of the statements recorded by the trial court. The matter is already within the realm of the trial court now and the accused should get the final verdict with regard to his innocence or guilt from the trial court itself on the basis of thorough appreciation of evidence. Analysis of the testimony and worth of witnesses and thereby making a judicial assessment of the same can more appropriately be done by the trial court. Any finding or order passed by this court on merits after assessing the testimonies of the prosecution witnesses produced during trial might seriously impair the assessment of the trial court. 7. In the backdrop of the said circumstances, I am of the opinion that there is no good ground to enlarge the applicant on bail. 8. The bail application is accordingly rejected. October 10, 2025 R BAIL No. 27652 of 2023 2 (Rajiv Gupta,J.) Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad