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Neutral Citation No. - 2025:AHC:143822 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32168 of 2023 Applicant :- Sanjay Kumar Soni Opposite Party :- State of U.P. Counsel for Applicant :- Mumtaz Ali,Shad Khan Counsel for Opposite Party :- Anjali Jaiswal,Dhirendra Kumar Verma,G.A. Hon'ble Krishan Pahal,J.
1. List has been revised. None is present on behalf of the informant. 2. Heard Sri Shad Khan, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 320 of 2021, under Sections 498-A & 304-B, 323 of I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station - Sarai Inayat, District - Prayagraj, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the informant's daughter as per Hindu Rites on
14.06.2020. The applicant and other family members are stated to have subjected her to cruelty for a demand of Rs. 02 lakhs as dowry thereby leading her to death on 03.09.2021 at about 01:10 PM. 5. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. The FIR is delayed by more than one and a half day and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the cause of death of deceased has been found to be asphyxia as a result of ante- mortem throttling but the applicant has nothing to do with the said offence. The informant had given an application before police station for conducting the postmortem of the deceased whereby he has stated that his daughter has expired on way to hospital but he has not whispered a single word that the applicant or any other person has throttled her daughter. 7. Learned counsel has further contended that the trial is moving at a snail's pace and there is no likelihood of early conclusion of trial in near future. The applicant is languishing in
jail since 07.09.2021, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra, learned State Law Officer has vehemently opposed the bail application. 9.
This Court had called for a report regarding the status of trial and in compliance thereof, a report has been submitted by the Trial Court concerned on 05.08.2025. As per the said report, six witnesses have been examined and the case is fixed for further prosecution evidence. 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. Considering the facts and circumstances of the case,
submissions advanced by learned counsel for the parties, the aforesaid judgement of Supreme Court and also considering the fact that the FIR has been lodged within a reasonable time, the deceased has expired within the precincts of the house of the applicant and that too by throttling coupled by the fact that the trial is at a conclusive end, I do not find it a fit case to release the applicant on bail.
12. The bail application 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 laid down in the recent judgements 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:- 21.8.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad