Neutral Citation No. - 2025:AHC:133662 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41132 of 2023 Applicant :- Harendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kripa Kant Pandey,Rajiv Lochan Shukla,Vijay Bahadur Prajapati Counsel for Opposite Party :- G.A.,Kamal Kishor Mishra,Rakesh Kumar Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Shashank Pandey, Advocate holding brief of Sri Kripa Kant Pandey, learned counsel for applicant, Sri Kamal Kishor Mishra, learned counsel for the informant and Sri Arun Kumar Mishra, learned A.G.A. for the State. 3. The present bail application has been filed by the applicant in Case Crime No.658 of 2018, under Sections 420, 406, 467, 468, 471, 120-B, 506, 376 IPC, Police Station- Govind Nagar, District- Mathura with the prayer to enlarge him on bail. 4. This is the second bail application on behalf of the applicant. The first bail application was rejected by Hon'ble Om Prakash- VII,J. (since retired) vide order dated 28.5.2019 passed in Criminal Misc. Bail Application No.18959 of 2019. 5. Learned counsel for the applicant has stated that the applicant is languishing in jail since 27.10.2018, as such, he is incarcerated in jail for more than six and half years. The fundamental rights of the applicant enshrined under Article 21 of the Constitution of India stand violated. 6. Learned counsel for the applicant has further stated that the trial is at its conclusive end as the prosecution evidence is complete, as such, there is no likelihood of the applicant tampering with evidence. There is no previous criminal history of the applicant, but certain cases were instituted against him subsequent to the instant FIR. The criminal history of the applicant has been explained. 7. It is further argued by learned counsel for the applicant that the applicant 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 counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that applicant has been convicted in five cases under NI Act and he has not filed any appeal. The informant herein was a foreign national and she has been ravished by the applicant by impersonating that he was an unmarried person. 9. Learned counsel for the informant has argued that the trial is at its conclusive end and it is fixed for completion of final arguments today i.e. on 7.8.2025. As such, the applicant is not entitled for bail. 10. This Court had called for the status of trial from the concerned trial court. As per the said status report dated 2.8.2025, the case is fixed for final arguments today i.e. on 7.8.2025. 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. After hearing learned counsel for the parties and taking into consideration that there is no new ground for pressing the present bail application except the period of incarceration coupled with the fact that trial is at its conclusive end and also in the light of judgment of the Supreme Court in X vs. State of Rajasthan & Anr., I do not find it a fit case for grant of bail to the applicant. 13. The bail application is found devoid of merits and 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 :- 7.8.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad