Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 109582 (ALL)

ATEEQ v. STATE OF U.P.

BAIL/44195/2024 · 2025-07-24

Sanjay Kumar Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:122712 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44195 of 2024 Applicant :- Ateeq Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Maurya,Shweta Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned Additional Government Advocate representing the State of U.P. 2-This is the second bail application of the applicant with a prayer to release him on bail in Case Crime No. 993 of 2021, S.T. No. 1271 of 2022, under Section 302 I.P.C., Police Station Quarsi, District Aligarh during the pendency of trial. 3-The first bail application of the applicant was rejected by this Court on its merit vide order dated 27.01.2023 in Criminal Misc. Bail Application No. 40003 of 2022. 4-The applicant is husband of the deceased. The allegation against the applicant is that he has committed the murder of his wife. 5-It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 25.09.2021 but till date, his trial has not been concluded, therefore, he may be enlarged on bail. No other point has been raised. 6-On the other hand, learned A.G.A. opposed the prayer for bail of the applicant by contending that the offence is rare and heinous in nature. 7-On putting query with regard to present status of trial of the applicant, it is pointed out that the trial of the applicant is at the stage of recording the statement under Section 313 Cr.P.C. of the accused- applicant. 8-Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that the trial of the applicant is proceeding, which is at the advanced stage. Hon'ble Apex Court in the case of X vs. State of Rajasthan and Another, 2024 SCC OnLine Sc 3539, has held that if the trial of the accused has started, his bail should not be granted in heinous offences like murder, rape and dacoity, therefore, I do not find any good ground to release the applicant on bail. 9-Accordingly, the bail application is rejected. 10-It is made clear that the observation contained in the instant order is confined to the issue of bail and shall not affect the merit of the trial. 11-However considering the detention period of the applicant, the trial court is directed to make an endeavour to conclude the trial expeditiously without granting any adjournment to either of the parties. 12-Copy of this order be sent to the concerned trial court within a week for necessary information and compliance. Order Date :- 25.7.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad