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Neutral Citation No. - 2025:AHC:142869
Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47418 of 2023 Applicant :- Virendra Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Chandra Kant Tripathi,Pankaj Kumar Shukla Counsel for Opposite Party :- G.A.,Ramdeo Mani Tripathi Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Ramji Mishra, Advocate holding brief of Sri Pankaj Kumar Shukla, learned counsel for applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record.
3. The present bail application has been filed by the applicant in Case Crime No.0405 of 2023, under Sections 376, 313 IPC and 5/6 POCSO Act, Police Station Dhanghata, District Sant Kabir Nagar with the prayer to enlarge him on bail.
4. Learned counsel for the applicant has stated that the applicant may be enlarged on bail as the trial is at its conclusive end. The statement of the accused under Section 313 Cr.P.C. was recorded. The applicant is in jail since 27.06.2023. He is ready to cooperate with trial. In case, he is released on bail, he will not misuse the liberty of bail.
5. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the applicant is the only accused in the instant case and eight witnesses have been examined and they have deposed against the applicant, as such, he is not entitled for bail.
6. This Court had called for the status of trial from the concerned Trial Court. As per the said status report dated 13.08.2025, the statement of the accused under Section 313 Cr.P.C. was recorded on 07.08.2025 and the case is fixed for
arguments.
7. 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.
8. After hearing the rival submissions advanced by learned counsel for the parties and taking into consideration the fact that the trial is almost at its logical end, I do not find it a fit case for grant of bail to the applicant.
9. The bail application is found devoid of merits and is, accordingly, rejected.
10. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible in view of the principle as has been laid down in the recent judgments of the Apex 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.
11. 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 :- 20.8.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad