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2025 DAILYLAW 35776 (ALL)

MANZAR KAMAL v. STATE OF U.P.

BAIL/30564/2023 · 2025-08-12

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:138259 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30564 of 2023 Applicant :- Manzar Kamal Opposite Party :- State of U.P. Counsel for Applicant :- Parvez Iqbal Ansari Counsel for Opposite Party :- G.A.,Qaisar Kamal Ansari Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Parvez Iqbal Ansari, learned counsel for applicant, Sri Qaisar Kamal Ansari, learned counsel for the informant, Sri Sunil Kumar, 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.553 of 2022, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station Kotwali, District Mau 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 Muslim Rites about three months before her death. The applicant and other family members are stated to have subjected the deceased to cruelty for demand of Rs.5 lakhs as dowry, thereby led her to death as she was injured in the precincts of the house of the applicant on 22.12.2022 and was taken to hospital, whereby she expired during treatment on 26.12.2022 at about 4:00 a.m. 5. Learned counsel for the applicant has stated that the FIR is delayed by about six days from the date of incident and more than two days from the time of death of the deceased person and there is no explanation of the said delay caused. The cause of death could not be ascertained, as such, viscera was preserved. 6. Learned counsel for the applicant has further stated that the family members of the informant were present at the time of inquest proceedings undertaken on 26.12.2022 itself. It is a clear- cut case of false implication, although the deceased has expired within six months of her marriage. There is no criminal history of the applicant. The applicant is in jail since 29.12.2022 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the deceased has sustained injuries within the precincts of the house of the applicant, as such, he 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 06.08.2025, five witnesses have already been examined. 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 deceased having sustained injuries within the precincts of the house of the applicant and the fact that already five witnesses have been examined 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. 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 :- 13.8.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad