MOHD SHABBIR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant and learned Additional Government Advocate. Gone through the FIR, statements of prosecutrix as well as bail rejection order rejecting bail application of the applicant. The learned counsel for the applicant has annexed statements of witnesses being recorded during the course of trial and submits that no doubt the applicant was named in the FIR, but in the statement recorded under Section 164 Cr.P.C. the prosecutrix has not named the applicant and he has been summoned under Section 319 Cr.P.C. during the course of trial since name of the applicant finds place in the statement of PW-2. Since the trial is in progress, this Court feel that it will not be justified to assess the evidence being led during the course of trial. Accordingly prayer for bail is refused and the application is rejected.