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Neutral Citation No. - 2025:AHC:121759 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6498 of 2025 Applicant :- Bhura @ Bhuri Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Vikram Yadav,Sunil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised. 2. Heard Sri Sunil Kumar Singh, learned counsel for the applicant as well as Sri Deepak Kumar Singh, learned A.G.A. and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.32 of 2020, under Section 302 I.P.C., Police Station- Matsena, District- Firozabad, during the pendency of trial. 4. This is the second bail application on behalf of the applicant. The first bail application was rejected by this Court vide order dated 2.3.2023 passed in Criminal Misc. Bail Application No.30421 of 2020. 5. Learned counsel for the applicant has stated that the trial is moving at a snail's pace as only six witnesses have been examined to date. There is another connected session trial in the instant case and no witness has been examined in that case, as such, there is no likelihood of conclusion of trial in near future. 6. Learned counsel for the applicant has further stated that the applicant is languishing in jail since 8.2.2020, as such, he is incarcerated in jail for more than five years. As such, the fundamental rights of the applicant enshrined under Article 21 of the Constitution of India stand violated. There is no criminal antecedent of the applicant. He is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that there is no new ground to grant bail
to the applicant. The applicant is the main accused person and he is nominated in the FIR. All the witnesses of fact have deposed against him and the trial is at its conclusive end. 8. The trial court was directed to furnish the status of trial and as per its report dated 4.7.2025, 08 witnesses have been examined and cross-examination of PW-8 is pending since 13.12.2024. The trial is at its conclusive end. The another trial is regarding recovery of weapon at the pointing out of accused person in which only a few witnesses are to be examined. 9.
After hearing learned counsel for the parties and taking into
consideration that no new ground is there for pressing the instant bail application coupled by the fact that trial is at its conclusive end, I do not find it a fit case for grant of bail to the applicant.
10. The present bail application is hereby found devoid of merits and is accordingly rejected.
11. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously 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.
12. 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.
Order Date :- 24.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad