Neutral Citation No. - 2025:AHC:132452 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26947 of 2022 Applicant :- Dharmendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Pandey,Imran Ullah,Krishna Kant Dubey,Madhavendra Singh,Santosh Kumar Dubey,Vijeta Srivastava Counsel for Opposite Party :- Ashish Kumar Gupta,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Santosh Kumar Dubey, learned counsel for the applicant and Sri Ashish Kumar Gupta, learned counsel for the informant as well as Sri R.P. Patel, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 26 of 2021, under Sections 302, 201, 120B I.P.C., Police Station Koirauna, District Bhadohi, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant is innocent and he has been falsely implicated in the present case. He has nothing to do with the said offence. 5. Learned counsel has next stated that the main ground of bail of the applicant is the period of incarceration as he is languishing in jail since 22.02.2021 and about four and half years have been passed since his incarceration, as such he is entitled for bail. The applicant has no criminal history. The applicant is cooperating in trial. 6. Per contra, learned State Law Officer and learned counsel for the informant have vehemently opposed the bail on the ground that the applicant is the main accused person and mobile of the applicant was recovered from the place of occurrence. 7. Learned counsel for the informant has next stated that the case is fixed for pronouncement of judgment in the trial court today only, as such it would not be proper to enlarge the applicant on bail as he is the main accused person. 8. This Court had called for status of trial on 08.07.2025 and the said report received from the trial court dated 01.08.2025 indicates that eight prosecution witnesses and two defence witnesses have been examined to date and the trial is at its conclusive end. 9. 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. 10. After hearing learned counsel for the parties and taking into consideration the fact that the applicant is the main accused person and the trial is at its conclusive 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. 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 :- 6.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad