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2025 DAILYLAW 112403 (ALL)

INDRAKALA v. STATE OF U.P.

BAIL/46609/2024 · 2025-09-16

Sameer Jain

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 46609 of 2024 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Sri Ritesh Singh, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 09 of 2019 (S.T. No. 182 of 2019), under Sections 302 IPC, Police Station Tilhar, District Shahjahanpur during pendency of the trial. 3. Learned counsel for the applicant submits, however, this is second bail application filed on behalf of applicant and first bail application of the applicant was dismissed by this Court on merit vide order dated 25.07.2023 but applicant is in jail since 09.02.2019 i.e. for last more than six and half years. However, on query about stage of trial, he fairly conceded that trial of the case is at its last leg and dates are being fixed for final argument. 4. He next submits, instant bail application may be disposed off with the direction to the court concerned to conclude the trial as expeditiously as possible preferably within a period of one month. 5. Per contra, learned AGA submits, as trial is at advance stage therefore, now there is no occasion to release the applicant on bail however he further submits, considering the stage of trial a direction may be given to learned trial court to conclude the trial at the earliest. 6. I have heard learned counsel for the parties and perused the record of the case. Versus Counsel for Applicant(s) : Ritesh Singh, Suresh Singh Counsel for Opposite Party(s) : G.A. Indrakala .....Applicant(s) State of U.P. .....Opposite Party(s) 7. This is the second bail application filed on behalf of applicant and first bail application of the applicant was dismissed by this Court after considering the merit of the case. 8. Further, however, applicant is in jail since 09.02.2019 i.e. for last more than six and half years but from the order-sheet of the case, which has been annexed along with supplementary affidavit dated 10.09.2025 it reflects, trial of the case is at fag end and dates are being fixed for final argument. Considering the advance stage of the trial in view of this Court it is not proper to release the applicant on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is dismissed. 10. However, considering the fact that applicant is in jail for last more than six and half years and dates are being fixed for final argument, trial court is directed to conclude the trial as expeditiously as possible preferably within a period of one month from the date of production of certified copy of this order. 11. 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. 12. Registrar (Compliance) of this Court is directed to communicate the order passed today by this Court to the District Judge concerned for compliance within 48 hours. September 17, 2025 AK Pandey BAIL No. 46609 of 2024 2 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad