Neutral Citation No. - 2025:AHC:132541 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56495 of 2023 Applicant :- Rukhsar Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Bajpai,Sunil Vashisth,Upendra Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Upendra Upadhyay, learned counsel for the applicant and Sri Pranshu Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 118 of 2021, under Sections 498-A & 304-B of I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station - Sultanpur Ghosh, District - Fatehpur, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is the husband of the deceased person and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. There was a 10-year age difference between the applicant and the victim. The applicant's marriage to the victim was his second marriage, while it was the victim's first marriage. Peeved by this marriage, the victim allegedly took her own life by setting herself on fire. 6. Learned counsel has further argued that there is nothing to on record to suggest that the applicant had set her wife on fire. There is no likelihood of conclusion of trial in near future as the trial is moving at a snail's pace. 7. Learned counsel has next contended that the applicant is languishing in jail since 27.07.2021, as such, he has been incarcerated for more than four years, as such, his fundamental rights enshrined under Article 21 of the Constitution of India stands violated. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra, learned AGA has vehemently opposed the bail application on the ground that the FIR is prompt as it was instituted on the date of occurrence. The deceased has expired within the precincts of the house of the applicant and that too by burn injuries. The applicant being her husband is the main accused person, as such, he is not entitled for bail. 9. 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 dated 19.07.2025. As per the said report, four witnesses have already been examined, as such, the trial is at its conclusive end. 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. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, the aforesaid judgement of Supreme Court and also considering the fact that the FIR has been lodged within a reasonable time, the deceased has expired within the precincts of the house of the applicant that too by burn injuries coupled by the fact that the trial is at a conclusive end as three witnesses have already been examined, 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:- 6.8.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad