Neutral Citation No. - 2025:AHC:132802 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51805 of 2023 Applicant :- Arun Kumar Opposite Party :- State Of U.P. Through Its Secretary (Home) Counsel for Applicant :- Pradeep Kumar Singh,Vijay Mani Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Vijay Mani Tiwari and Sri Dipankar Shukla, holding brief of Sri Mukesh Kumar Pandey, learned counsels for the applicant and Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 631 of 2023, under Sections 498A, 323, 304B I.P.C. and Section 3/4 of D.P. Act, Police Station Auraiya, District Auraiya, during the pendency of trial. 4. As per prosecution story, marriage of the deceased person was solemnized with the son of the applicant as per Hindu rites on 28.12.2022. Subsequent to it, younger sister of the deceased person had solemnized marriage with younger son of the applicant as love marriage. The applicant and other family members are stated to have subjected the deceased to cruelty for demand of dowry as they could not get any dowry in the second marriage as well and thereby led her to death on 28.6.2023. 5. Learned counsel for the applicant has stated that the applicant is innocent and he has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by three days and there is no explanation of the said delay caused. Learned counsel has next stated that the allegations against all the accused persons are general in nature and the applicant is the father-in-law of the deceased person. 6. Learned counsel has placed reliance on the statements of brother of the deceased person and other witnesses in all, who have stated that elder son of the applicant had illicit relationship with his sister-in-law, wife of younger son of the applicant, as such the said incident has been committed by the husband of the deceased person, who happens to be son of the applicant. 7. Learned counsel has next stated that the cause of death has been found to be asphyxia as a result of ante mortem smothering. The deceased had expired in the room of son of the applicant, as such role of the applicant is at different footing. 8. Per contra, learned State Law Officer has vehemently opposed the bail on the ground that the trial is at its conclusive end and four witnesses have been examined in the case. 9. This Court had called for status of trial on 08.07.2025 and the said report received from the trial court dated 02.08.2025 indicates that four witness have been examined to date. 10. 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. 11. After hearing learned counsel for the parties and taking into consideration the fact that the cause of death has been found to be asphyxia as a result of ante mortem smothering coupled by the fact that the deceased had expired within the precincts of the house of the applicant, I do not find it a fit case for grant of bail to the applicant. 12. The bail application is found devoid of merits and is, accordingly, rejected. 13. 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. 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 :- 6.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad