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2025 DAILYLAW 66559 (ALL)

NARESH KUMAR v. State of UP

BAIL/21768/2024 · 2025-08-13

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:139537 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21768 of 2024 Applicant :- Naresh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Mishra Gana Counsel for Opposite Party :- G.A.,Sudhir Kumar Verma,Vipin Saran Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Atal Bihari Tripathi, Advocate holding brief of Sri Sanjeev Mishra Gana, learned counsel for the applicant and Sri Sudhir Kumar Verma, learned counsel for the informant as well as Sri Ashutosh Srivastava, learned AGA and perused the record. 3. Applicant seeks bail in Case Crime No. 408 of 2023, under Sections 498-A, 304-B of I.P.C. and Sections 3/4 of D.P. Act, Police Station - Bhojipura, District - Bareilly, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. 5. Learned counsel has also stated that the cause of death of deceased has been found to be asphyxia as a result of ante-mortem hanging. The applicant is in jail since 29.06.2023, having no criminal history to his credit, deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 6. Per contra, learned counsel for the informant and learned AGA have vehemently opposed the bail application on the ground that the FIR is prompt as it was instituted within a reasonable time. The deceased has expired within the precincts of the house of the applicant. The applicant being her husband is the main accused person, as such, he is not entitled for bail. 7. 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 on 06.08.2025. As per the said report, the case is fixed for final argument on 07.08.2025, as such, the trial is at its conclusive end. 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. It should also not be granted by looking into the discrepancies here or there in the deposition. 9. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, the aforesaid judgement of Supreme Court and taking into consideration the fact that the trial is at its conclusive end as the case is fixed for final argument on 07.08.2025, I do not find it a fit case to release the applicant on bail. 10. The bail application is, accordingly, rejected. 11. 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. 12. 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:- 14.8.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad