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2025 DAILYLAW 69230 (ALL)

KRISHNA PATEL v. STATE OF U.P.

BAIL/22124/2024 · 2025-08-19

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:143279 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22124 of 2024 Applicant :- Krishna Patel Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Chauhan,Santosh Kumar Gaur Counsel for Opposite Party :- Dhiraj Singh,G.A. Hon'ble Krishan Pahal,J. 1. None is present on behalf of the informant even in the revised call. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Sumant Kumar Tiwari, Advocate holding brief of Sri Abhishek Chauhan, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 0379 of 2023, under Sections 498-A & 304-B of I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station - Karchhana, District - Prayagraj, during the pendency of trial. 4. Learned counsel for the applicant has submitted 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. The FIR is delayed and there is no explanation of the said delay caused. 5. Learned counsel has also stated that there are general and omnibus allegations against all the accused persons. The trial is moving at a snail's pace as out of 17 witnesses, only four witnesses have been examined to date, as such, there is no likelihood of early conclusion of trial in near future. The applicant is in jail since 19.10.2023, as such, his fundamental rights enshrined under Article 21 of the Constitution of India stand violated. 6. Learned counsel has further contended that the cause of death of deceased has been found to be asphyxia as a result of ante- mortem hanging. The applicant has no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 7. Per contra, learned State Law Officer has 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. 8. 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 24.07.2025. As per the said report, four witnesses have been examined to date, as such, the trial is moving on at a reasonable pace. 9. 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. 10. 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 FIR is prompt, the deceased has expired within the precincts of the house of the applicant coupled by the fact that the trial is at its conclusive end as four 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:- 20.8.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad