# Seema Devi v. State Of U.P. & Ors - **Citation:** (2016) 8 ILRA 1317 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2016-08-19 - **Bench:** Pramod Kumar Srivastava - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/seema-devi-v-state-of-u-p-ors-44194 - **Pages:** 2 ## Headnote Criminal Procedure Code, 1973 - Bail - Murder case - Appreciation of evidence at bail stage - Trial already commenced - Bail application in offences under Ss. 147, 148, 149, 302, 201 IPC - Trial had already commenced and prosecution witnesses were being examined - Held, when trial is in progress, detailed appreciation of evidence and assessment of testimonial worth is to be left to trial court - High Court should refrain from entering into intricate evaluation of evidence at bail stage so as to avoid prejudice to either party - Prima facie material on record disclosed strong case against accused. Criminal Procedure Code, 1973 - Bail - Parity - Applicability - Co-accused granted bail - Applicant named in FIR with specific allegations and placed on graver footing - Held, principle of parity not applicable where role and circumstances of accused are distinguishable - Earlier bail orders of co-accused passed prior to commencement of trial and on different factual footing. Criminal Procedure Code, 1973 - Bail - Considerations - Gravity of offence and prima facie evidence - Allegations based on circumstantial evidence including last seen, motive arising from financial transactions, extra-judicial confession and documentary material - Held, seriousness of offence coupled with available evidence and ongoing trial militates against grant of bail - Period of custody not so prolonged as to justify release. In Result: Bail application rejected. ## Text 8 All. Seema Devi Vs State Of U.P. & Ors. 1317 (2016) 8 ILRA 1317 ORIGINAL JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 19.08.2016 BEFORE THE HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Application U/s 482 No.- 22437 Of 2016 Seema Devi ...Petitioner Versus State Of U.P. & Ors. ...Respondents Counsel for the Petitioner: Vijay Singh Sengar, Pankaj Singh Counsel for the Respondents: G.A. Criminal Procedure Code, 1973 - S. 482 - Exercise of inherent powers - Expeditious trial - Directions to trial court - Application filed seeking appropriate directions in pending complaint case under Ss. 498-A, 323, 504, 506 IPC and S. 4 Dowry Prohibition Act - Record revealed repeated adjournments on dates when Presiding Officer was not available - Held, such practice of fixing dates when likelihood of Presiding Officer's absence exists is improper and must be avoided - Trial courts expected to regulate listing appropriately - Direction issued to trial court to frame charges expeditiously and thereafter conclude trial proceedings with due promptitude. Practice and Procedure - Adjournments - Administrative discipline in listing of cases - Fixing dates despite foreseeable absence of Presiding Officer leads to delay and prejudice to litigants - Courts must ensure effective case management and avoid unnecessary adjournments. In Result: Application disposed of with direction to the trial court to frame charges expeditiously and proceed to conclude the trial without undue delay. (Delivered by Hon'ble Pramod Kumar Srivastava, J.) 1. Heard learned counsel for the applicant, learned AGA and perused the records. 2. From perusal of order sheet, it appears that many dates of the case were fixed when Presiding Officer of the court was not available. When there is probability of Presiding Officer being absent, dates for that period should not be fixed. Presiding Officers are expected to take note of it. 3. This application is disposed of with observation that trial court will make attempt to frame charge expeditiously in complaint case no. 997/2014 (Seema Devi Vs. Manish Kumar & others) under sections 498A, 323, 504, 506 IPC and section 4 D.P. Act, P.S. Meerganj, District Jaunpur and thereafter try to conclude hearing of the case expeditiously. --------- 1318 INDIAN LAW REPORTS ALLAHABAD SERIES (2016) 8 ILRA 1318 ORIGINAL JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 19.08.2016 BEFORE THE HON'BLE KARUNA NAND BAJPAYEE, J. Criminal Misc. Bail Application No.- 25091 Of 2015 Amit Srivastava ...Applicant Versus State Of U.P. ...Respondent Counsel for the Applicant: H.M. Srivastava, Ajatshatru Pandey, Neeraj Srivastava Counsel for the Respondent: Govt. Advocate Criminal Procedure Code, 1973 - Bail - Murder case - Appreciation of evidence at bail stage - Trial already commenced - Bail application in offences under Ss. 147, 148, 149, 302, 201 IPC - Trial had already commenced and prosecution witnesses were being examined - Held, when trial is in progress, detailed appreciation of evidence and assessment of testimonial worth is to be left to trial court - High Court should refrain from entering into intricate evaluation of evidence at bail stage so as to avoid prejudice to either party - Prima facie material on record disclosed strong case against accused. Criminal Procedure Code, 1973 - Bail - Parity - Applicability - Co-accused granted bail - Applicant named in FIR with specific allegations and placed on graver footing - Held, principle of parity not applicable where role and circumstances of accused are distinguishable - Earlier bail orders of co-accused passed prior to commencement of trial and on different factual footing. Criminal Procedure Code, 1973 - Bail - Considerations - Gravity of offence and prima facie evidence - Allegations based on circumstantial evidence including last seen, motive arising from financial transactions, extra-judicial confession and documentary material - Held, seriousness of offence coupled with available evidence and ongoing trial militates against grant of bail - Period of custody not so prolonged as to justify release. In Result: Bail application rejected. (Delivered by Hon'ble Karuna Nand Bajpayee, J.) 1. This bail application has been moved seeking the release of applicant on bail in connection with Case no.11743 of 2015, case Crime No.11 of 2015, u/s 147, 148, 149, 302, 201 I.P.C. Police Station-Mussoorie, District-Ghaziabad.