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Neutral Citation No. - 2025:AHC:143590 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10833 of 2024 Applicant :- Sher Singh Opposite Party :- State of U.P. Counsel for Applicant :- Kunwar Janmejay Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Narendra nath Tripathi, Advocate holding brief of Sri Kunwar Janmejay Pratap Singh, learned counsel for applicant, Sri Amit Kumar Shukla, 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.411 of 2021, under Sections 498A, 304B I.P.C. and Section 3/4 D.P. Act, Police Station-Bhamaura, District-Bareilly with the prayer to enlarge him on bail.
4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on
05.05.2021. The applicant and other family members are stated to have subjected the deceased to cruelty for demand of a motorcycle as dowry, thereby leading her to death on 17.11.2021 at about10:30 PM.
5. Learned counsel for the applicant has stated that the FIR is delayed by about 19 hours and there is no explanation of the said delay caused. It is further argued that cause of death could not be ascertained, as such, Viscera was preserved. As per forensic
analysis of the Viscera, insecticide has been found in it. It is further argued that the deceased person was a short tempered lady, as such she has committed suicide. There is no criminal history of the applicant. The applicant is not at flight risk. The applicant is in jail since 23.07.2022 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Per contra, learned A.G.A. has vehemently opposed the bail
application.
7. This Court had called for status of trial from the trial court concerned. As per the status report dated 06.08.2025 received from the trial court concerned, 10 witnesses have been examined and the statement of accused under Section 313 Cr.P.C. was recorded on 19.02.2025 and the case is fixed for defence evidence.
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 trial is at its conclusive end and in view of the judgment of Supreme Court in case of X Vs. State of Rajastahan and Anr. (supra), 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 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 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 :- 21.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad