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2025 DAILYLAW 171949 (ALL)

RAM VILAS v. STATE OF U.P.

BAIL/29474/2025 · 2025-10-26

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29474 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Lallan Prasad, learned counsel for applicant, Sri Manoj Yadav, learned counsel for the informant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. The present bail application has been filed by the applicant in Case Crime No.717 of 2021, under Sections 302 and 506 read with Section 34 IPC, Police Station Akbarpur, District Kanpur Dehat with the prayer to enlarge him on bail. 4. As per prosecution story, the applicant alongwith three other co-accused persons, namely, Jitendra, Jahan and Rinku, is stated to have assaulted and caused grievous injuries to the nephew of the informant on 30.09.2021 at about 3:00 p.m. 5. Learned counsel for the applicant has stated that the FIR is delayed by about four hours and there is no explanation of the said delay caused. There are ample contradictions in the statement of the witnesses. The weapon which was used in the offence is stated to be the arm of the cot, which was recovered from an agricultural field, but the blood stains on the said arm have not been matched to that of the deceased person. 6. Learned counsel for the applicant has further stated that the case could only be proved if the said blood stains match with that of the deceased Versus Counsel for Applicant(s) : Lallan Prasad Counsel for Opposite Party(s) : G.A., Manoj Yadav, Vijay Bahadur Yadadv Ram Vilas .....Applicant(s) State of U.P. .....Opposite Party(s) person. It is a clear-cut case of false implication. There is motive of false implication of the applicant, as such, the applicant is entitled for bail. The applicant is in jail since 08.10.2021. He is ready to cooperate with trial. In case, he is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that bail of the co- accused has been rejected and the trial is at its conclusive end as it is fixed for final arguments, as such, the applicant is not entitled for bail. 8. This Court had called for the status of trial from the concerned Trial Court. As per the said status report dated 17.09.2025, the statement of the accused was recorded under Section 319 Cr.P.C. on 18.08.2025 and the opportunity for defence evidence is closed on 09.09.2025. The case is fixed for arguments. 9. The Supreme Court in case of X vs. State of Rajasthan & Anr., 2024 INSC 909, has held that once the trial has commenced, it should be allowed to reach to its final conclusion, which may either result in conviction or acquittal of the accused. The bail should not be normally granted to the accused after the charge has been framed. It should also not be granted by looking into the discrepancies here or there in the deposition. 10. After hearing the rival submissions advanced by learned counsel for the parties and taking into consideration the fact that the applicant is named in the FIR and the FIR is prompt coupled with the fact that the trial is almost at its logical end, I do not find it a fit case for grant of bail to the applicant. 11. The bail application is found devoid of merits and is, accordingly, rejected. 12. 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 Supreme 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. 13. It is clarified that the observations made herein are limited to the facts BAIL No. 29474 of 2025 2 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. October 27, 2025 (Ravi Kant) BAIL No. 29474 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad