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Neutral Citation No. - 2025:AHC:40595 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2810 of 2025 Applicant :- Monu Alias Shrawan Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Javed Akhter 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 third bail application under Section 439 of Cr.P.C., applicant-Monu Alias Shrawan who is involved in Case Crime No. 246 of 2020, under Sections 498-A, 304-B, 201, 504, 506 I.P.C. and Sections 3/4 Dowry Prohibition Act, Police Station Husainganj, District Fatehpur seeks enlargement on bail during the pendency of trial. 3-First and second bail application of the applicant was rejected by this Court vide orders dated 03.03.2023 and 16.05.2024 in Criminal Misc. Bail Application Nos. 229 of 2022 and 40342 of 2023 respectively. 4-The main substratum of argument of learned counsel for the applicant is that the applicant is languishing in jail since 01.08.2021 but till date, his trial has not been concluded, therefore, considering the detention period of the applicant, he may be enlarged on bail. 5-On the other hand, learned A.G.A. vehemently opposed the submission of learned counsel for the applicant by contending that in this case, all the prosecution witnesses have been examined before the trial court and the trial of the applicant is at the advanced stage. Considering the gravity of the offence, bail application of the applicant is liable to be rejected.
6-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 at the advanced stage and all the prosecution witnesses have been examined. 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, wherein, it has been held that if the trial of the accused has started, his bail should not be granted in heinous offences. 7-Accordingly, the bail application is rejected. 8-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. 9-However considering the detention period of the applicant, the trial court is directed to make an endeavour to conclude the trial of the applicant, expeditiously, without granting any unnecessary adjournment to either of the parties. 10-Copy of this order be sent to the concerned trial court within three days' for information and compliance.
Order Date :- 20.3.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad