Neutral Citation No. - 2025:AHC:33609 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42180 of 2024 Applicant :- Samod Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Srivastava,Ramesh Chand Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. 2-By means of this application under Section 439 of Cr.P.C., applicant Samod, who is involved in Case Crime No. 11 of 2024, under Sections 498A, 304B, 323 IPC and Section 3/4 Dowry Prohibition Act, police station Nibohara, district Agra seeks enlargement on bail during the pendency of trial. 3-It is submitted by learned counsel for the applicant that the applicant is husband of the deceased and he has been falsely implicated in this case. The allegation of demand of dowry and harassment of the deceased is false. The complainant, who is father of the deceased, did not support the prosecution case in his cross-examination and thereafter, other prosecution witnesses (PWs-2 to 4) have also been declared hostile, therefore, the applicant, who has been languishing in jail since 26.02.2024 may be enlarged on bail. 4-On the other hand, learned A.G.A. for the State vehemently opposed the prayer for bail of the applicant by contending that PW-1 in his examination-in-chief has supported the prosecution case and he has also proved the first information report and thereafter the same was exhibited as Exhibit Ka-1 but later on, he has given a contradictory statement in his cross-examination. It is further submitted that considering the tone and tenor of the statements of PWs-2 to 4, it is apparently clear that they have been won over from the side of the accused persons. It is also submitted that a man can tell a lie but the circumstances and material evidence on record cannot. Lastly, it is submitted that the deceased died her unnatural death within short span of about nine months of her marriage in her matrimonial home. Under the facts, circumstances and evidence on record, the presumption of dowry death under Sections 113A and 113B of the Evidence Act shall also be drawn against the applicant, therefore, bail application of the applicant is liable to be rejected. 5-Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that all the prosecution witnesses of the fact have been examined and statements of only formal witnesses are yet to be recorded. This Court is of the view that conclusion from the statement of any witness shall be drawn considering his/her statement in toto not in isolation. Since the allegation of the prosecution and the defence of the accused are still open to be urged before the trial court, therefore, this Court in exercise of powers under Section 439 Cr.P.C. is not examining the statement of prosecution witnesses recorded before the trial Court meticulously, so that it may not affect the merits of the trial. 6-Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to applicant, severity of punishment and considering the stage of trial, I do not find any good ground to release the applicant on bail in the light of judgment of the Apex Court in the case of 'X' vs. State of Rajasthan and another, 2024 SCC OnLine SC 3539. 7-Accordingly, the bail application is rejected. 8-It is made clear that the observations contained in the instant order are confined to the issue of bail and shall not affect the merit of the trial. 9-Commissioner of Police, Agra is directed to ensure production of remaining prosecution witnesses on the dates fixed before the trial Court, so that trial of the applicant may be concluded at the earliest. 10-On appearance of the prosecution witnesses, trial Court shall record their statements on the same day and opportunity of cross-examination shall also be provided to the defence on the same day without granting any adjournment to either of the parties and shall also make an endeavour to conclude the trial of the applicant expeditiously. 11-A copy of this order be communicated to the Commissioner of Police, Agra and the trial Court within three days for information and compliance. Order Date :- 7.3.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad