Neutral Citation No. - 2025:AHC:145411 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11446 of 2024 Applicant :- Shivam Alias Shubham Pandit Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Bihari,Rajesh Kumar Counsel for Opposite Party :- G.A.,Saumitra Dwivedi,Vikas Tiwari Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rajesh Kumar, learned counsel for the applicant and Sri Dipankar Shukla, holding brief of Sri Saumitra Dwivedi, learned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 690 of 2022, under Sections 147, 148, 149, 302, 307, 120B, 34 IPC, Police Station Hapur City, District Hapur, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The applicant is not named in the FIR. 5. Learned counsel has further stated that it is a clear cut case of false implication as the police witness, who was injured in the incident, has been examined as PW-6 and he has categorically stated that none of the family members of the deceased person were present at the time of incident, as such complete prosecution story stands falsified. 6. Learned counsel has next stated that the prosecution evidence is complete and there is no question of the applicant tempering with the evidence, rather most of the witnesses are police witnesses, as such the applicant is entitled for bail. 7. The applicant is languishing in jail since 05.02.2023. The applicant has no criminal history. The Fundamental Rights of the applicant enshrined under Article 21 of the Constitution of India stand violated. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra, Sri Dipankar Shukla submits that Sri Saumitra Dwivedi, learned counsel for the informant is unwell, as such the case may be adjourned. The said prayer is rejected. 9. Learned A.G.A. has vehemently opposed the bail application. 10. This Court had called for a report regarding the status of trial in connected Criminal Misc. Bail Application No.46922 of 2023 and in compliance thereof, a report has been submitted by the Trial Court concerned dated 31.07.2025. As per the said report, 26 witnesses have been examined during trial and the case is fixed for final arguments. The said report also mentions that arguments on behalf of co-accused Subhash are complete and arguments on behalf of other accused persons are to be tendered before the court concerned on 01.08.2025. 11. 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. 12. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, and also considering the fact that the trial is at its conclusive end, it would not be proper to release the applicant on bail at this stage, as such I do not find it a fit case to release the applicant on bail. 13. The bail application is, accordingly, rejected. 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 :- 22.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad