Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:108079 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50865 of 2023 Applicant :- Ashish Sangwan Opposite Party :- State of U.P. Counsel for Applicant :- A.C.Srivastava,Anuj Srivastava,Devaang Savla,Vinod Kumar Tripathi Counsel for Opposite Party :- Dushyant Singh,G.A.,M.C. Singh Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri O.P. Mishra, learned counsel for the applicant, Sri Dushyant Singh,
learned counsel for the informant as well as Sri Varun Pratap Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.37 of 2023, under Sections 302 and 201 I.P.C., Police Station - Rohta, District - Meerut, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed the murder of his wife and daughter on 12.03.2023. 5. Learned counsel for the applicant has stated that there is an application filed by the applicant at Police Station Rohta, District Meerut, whereby he has stated that he had gone along with his wife and daughter Bhavya to ganga canal. Inadvertently, his wife and daughter had fallen down in the canal, as such they drowned. Learned counsel has stated that trial at is conclusive end and almost all witnesses of fact have been examined and there is no chance of applicant tampering with the evidence, as such the applicant is entitled for bail. 6. Learned counsel has stated that the cause of death of the deceased was ante- mortem hanging and not drowning. 7. Per contra, learned counsel for the informant and learned A.G.A. for the State have vehemently opposed the bail on the ground that the said application indicates foul play conducted by the applicant as the dead body of the deceased was
recovered from Hindon River which is proven from the application filed by one Sabeer S/o Najju, R/o Bakharpur Balauni, P.S. Balauni, District Baghpat on 12.03.2023 and the dead body of the daughter of the applicant was recovered from down stream the canal near "Bhola ki Jhal". As such, it is a clear cut case of murder and the applicant is not entitled for bail as he has committed gruesome murder of his wife and daughter. 8. 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 that too before the statement of the victim is recorded. It should also not be granted by looking into the discrepancies here or there in the deposition. 9.
After hearing learned counsel for the parties and taking into consideration the said application filed by the applicant at the Police Station Rohta, District Meerut and coupled with the fact that the recovery of dead body have been made from two separate places and the trial is at conclusive end and in light of the judgment passed by Supreme Court in case of X Vs. State of Rajasthan & Anr. (supra), I do not find it a fit case for grant of bail to the applicant. The bail application is found devoid of merits and is, accordingly, rejected.
Order Date :- 8.7.2025 CS/- (Justice Krishan Pahal) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad