HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 20312 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Rejoinder affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Rameshwar Prasad Mishra, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 25 of 2023, under Sections 302/201/193 of I.P.C., Police Station - Bhojpur, District - Ghaziabad, during the pendency of trial. 4. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. There is a material discrepancy in the postmortem report to the statement of the applicant before police. The said dead body is stated to have been recovered at the pointing out of the applicant from a pit which was dug by the applicant. 5. Learned counsel has also stated that the postmortem report indicates that the cause of death of deceased is due to head injury sustained by him. It is a clear cut case of false implication. The FIR was instituted by the police itself. The applicant himself had filed a missing report of his wife, as such, he is entitled for bail. Versus Counsel for Applicant(s) : Rameshwar Prasad Mishra Counsel for Opposite Party(s) : G.A. Dinesh Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Learned counsel has further contended that the applicant is languishing in jail since 3.2.2023, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 7. Per contra, learned State Law Officer has vehemently opposed the bail application on the ground that it is an open and shut case. The applicant has committed the murder of his wife and the onus lies on him to explain as to how and under what circumstances, he has committed the said offence and he even tried to mislead the police and other persons by moving the missing report. 8. Learned State Law Officer has also stated that the applicant has strangulated his wife and he himself had concealed the dead body in a pit and the same has been recovered at this pointing out, as such, he is not entitled for bail. 9. This Court had called for a report regarding the status of trial and in compliance thereof, a report has been submitted by the Trial Court concerned on 29.9.2025. As per the said report, eight witnesses have been examined and the cross-examination of P.W. -9 is going on, as such, the trial is at its conclusive end. 10. The Supreme Court in case of X vs. State of Rajasthan & Anr. reported in 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. 11. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, the aforesaid judgement of Supreme Court and taking into consideration the fact that the trial is at its conclusive end coupled by the fact that the dead body has bee recovered at the pointing out of the applicant, I do not find it a fit case to release the applicant on bail. BAIL No. 20312 of 2025 2 12. The bail application is, accordingly, rejected. 13. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, in view of the principle laid down in the recent judgements 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. 14. 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. October 13, 2025 Siddhant BAIL No. 20312 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad