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2025 DAILYLAW 68740 (ALL)

JAI PRAKASH v. State of U.P.

BAIL/21897/2024 · 2025-02-18

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:24547 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21897 of 2024 Applicant :- Jai Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Anil Kumar Jaiswal, learned counsel for applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State. 3. The present bail application has been filed by the applicant in Case Crime No.263 of 2019, under Sections 498-A, 323, 304-B I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Arniya, District- Bulandshahr with the prayer to enlarge him on bail. 4. This is the second bail application on behalf of the applicant. The first bail application was rejected by this Court vide order dated 3.3.2023 passed in Criminal Misc. Bail Application No.18201 of 2020. 5. Learned counsel for the applicant has has pressed the instant application on the new ground of long period of incarceration. The applicant is languishing in jail since 3.11.2019, as such, he is incarcerated in jail for more than five years. Learned counsel has stated that there is no likelihood of conclusion of trial in near future, as such, the fundamental rights of the applicant enshrined under Article 21 of the Constitution of India stand violated. 6. Per contra, learned A.G.A. has vehemently opposed the bail application and stated that it is a case of strangulation and the deceased person has expired within the precincts of house of the applicant. There are other injuries sustained by the deceased person also. 7. After hearing learned counsel for the parties, taking into consideration that except the period of incarceration, learned counsel for the applicant could not bring forward any other ground to grant bail to the applicant, I do not find it a fit case for grant of bail to the applicant. 8. The bail application is found devoid of merits and is, accordingly, rejected. 9. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments 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. 10. 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 :- 19.2.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad