Neutral Citation No. - 2025:AHC:131147 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11813 of 2024 Applicant :- Devendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Mishra,Rajesh Kumar Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rajesh Kumar Chaudhary, learned counsel for applicant and Sri Pranshu Kumar, learned A.G.A. for the State. 3. The present bail application has been filed by the applicant in Case Crime No.154 of 2023, under Sections 498-A, 323, 304-B, 506 IPC and 3/4 D.P. Act, Police Station Shalimar Garden, District Ghaziabad 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 24.10.2022, and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of dowry, thereby leading her to death on 24.6.2023 at about 09:30 p.m. 5. Learned counsel for the applicant has stated that he has been falsely implicated in the present case. The FIR is delayed by about sixteen hours and there is no explanation of the said delay caused. The applicant has nothing to do with the said offence. No overt act has been assigned to the applicant rather it was the mother-in-law of the deceased person who was present at the place of occurrence. 6. Learned counsel for the applicant has further stated that the mother-in-law and brother-in-law of the deceased person have already been enlarged on bail by this Court. The cause of death was asphyxia as a result of antemortem hanging, as such, the applicant is entitled for bail. 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 26.6.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the cause of death was asphyxia as a result of antemortem hanging. It is further argued that the deceased had expired within the precincts of house of the applicant and the FIR is prompt, as such, the applicant is not entitled for bail. 9. This Court had called for the status of trial from the concerned trial court. As per the said status report dated 30.7.2025, one witness PW-1, Dinesh Kashyap has only been examined to date. 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. After hearing learned counsel for the parties and taking into consideration the fact that FIR is prompt and the deceased had expired within the precincts of house of the applicant coupled by the fact that cause of death was asphyxia as a result of antemortem hanging and the trial is going on, I do not find it a fit case for grant of bail to the applicant. 12. The bail application is found devoid of merits and 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 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. 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. Order Date :- 5.8.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad