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2025 DAILYLAW 107696 (ALL)

IMARAN v. STATE OF U.P. AND 3 OTHERS

BAIL/42691/2024 · 2025-03-17

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38694 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42691 of 2024 Applicant :- Imaran Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sunil Kumar Pandey Counsel for Opposite Party :- G.A.,Sinhasan Ram Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sunil Kumar Pandey, learned counsel for applicant, Sri Jagannath Gupta, Advocate holding brief of Sri Sinhasan Ram, learned counsel for the informant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material available on record. 3. The present bail application has been filed by the applicant in Case Crime No.160 of 2022, under Sections 363, 366, 376 IPC, Section 5/6 POCSO Act and Section 3(2)(V) SC/ST Act, Police Station Bhudkuda, District Ghazipur with the prayer to enlarge him on bail. 4. The trial of the instant case is at its conclusive end as already the witnesses have been examined and the case is fixed for the statement of the accused under Section 313 Cr.P.C. The applicant is in jail since 02.04.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. There is no likelihood of him tampering with evidence at this stage. 5. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the trial is almost at its logical end as the witnesses have been examined. 6. At this point of time, it would not be fair to intervene and grant bail to the applicant as the trial is likely to be concluded in near future. The victim has been examined as PW-2 during trial and has given contested statement against the applicant in court. 7. After hearing learned counsel for the parties and taking into consideration the fact that the trial is at its conclusive end, I do not find it a fit case for grant of bail to the applicant. 8. The bail application is found devoid of merits and is, accordingly, rejected. 9. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible in view of the principle as has been laid down in the recent judgments of the Apex 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. 10. 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 :- 18.3.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad