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Neutral Citation No. - 2025:AHC:56907 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39450 of 2024 Applicant :- Mohammad Jamil Khan Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Mahendra Singh, learned counsel for the applicant as well as Sri R.P. Patel, learned State Law Officer and perused the material placed on record.
3. The present bail application has been filed on behalf of applicant- Mohammad Jamil Khan to enlarged him on bail in Case Crime No.156 of 2020, under Sections 498A, 304B, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Naraini, District- Banda, during the pendency of trial.
4. This is the second bail application on behalf of the applicant. The first bail application was rejected by this Court vide order dated 1.3.2023 passed in Criminal Misc. Bail Application No.7656 of 2023.
5. After hearing learned counsel for the parties and taking into
consideration that no new ground could be taken up by learned counsel for the applicant coupled by the fact that already seven witnesses have been examined and the trial has almost reached at its conclusive end and the witnesses have supported the prosecution story and have deposed against the applicant, I do not find it a fit case for grant of bail to the applicant.
6. The present bail application is hereby found devoid of merits and is accordingly rejected.
7. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC
220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment.
8. It is clarified that the observations made herein are limited to the
facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 17.4.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad