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Neutral Citation No. - 2025:AHC:144902 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14147 of 2023 Applicant :- Ankit Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised. 2. Heard Sri Rajesh Kumar Chaudhary, Advocate holding brief of Sri Yogendra Pratap Singh, learned counsel for the applicant and Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in S.T. No. 74 of 2020 arising out of Case Crime No. 587 of 2020, under Sections 302, 34 of I.P.C., Police Station - Kotwali Orai, District - Jalaun, during the pendency of trial. 4. As per prosecution story, 27.08.2020, the informant, a Mahila Constable at the Prosecution Office in Orai, was at her rented house on leave with her husband and five-year-old child. Around 6:30 PM, the accused, Prem Singh Rajput (father), Ankit Rajput (brother) and Deshraj Rajput (maternal uncle) entered the house. Deshraj held the informant's husband, Manish Rajput, while Prem Singh and Ankit stabbed him, causing his death. 5. Learned counsel for the applicant has submitted 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 FIR is delayed by about 13 hours and there is no explanation of the said delay caused. He has simply been made an accused as the informant had solemnized marriage with the deceased person without the consent of her family members. It is a blind murder case. 6. Learned counsel has also stated that the trial is moving at a snail's pace and the applicant is in jail since 28.08.2020, as such, his fundamental rights enshrined under Article 21 of the Constitution of India stand violated. There is no likelihood of early conclusion of trial and the applicant is incarcerated for about five years. The applicant has no criminal history, deserves to be released on bail. In case, the applicant is released on bail, he will
not misuse the liberty of bail and shall cooperate with trial. 7. Per contra, learned AGA has vehemently opposed the bail application on the ground that there are nine injuries sustained by the deceased person and it was a brutal murder.
The informant is the real sister of the applicant, as such, there is no reason to falsely implicate him. 8. 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 11.08.2025. As per the said report, nine witnesses and two court witnesses have been examined and the case is fixed for recording the statement of accused u/s 313 Cr.P.C. for 19.08.2025, as such, the trial is at its conclusive end. 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. Considering the facts and circumstances of the case,
submissions advanced by learned counsel for the parties, the aforesaid judgement of Supreme Court and taking into
consideration the fact that the applicant being named in the FIR and the trial is at its conclusive end, I do not find it a fit case to release the applicant on bail.
11. The bail application 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 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.
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:- 22.8.2025/Siddhant Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad