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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26524 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J.
1. List has been revised. 2. Heard Ms. Rasmi Khilwani, learned counsel for the applicant as well as Sri R.P. Patel, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.113 of 2023, under Sections 302, 201 I.P.C., Police Station- Paniyara, District- Maharajganj, during the pendency of trial. 4. This is the second bail application on behalf of the applicant. The first bail application was rejected by this Court vide order dated 11.11.2024 passed in Criminal Misc. Bail Application No.54511 of 2023. 5. Learned counsel for the applicant has stated that the applicant is languishing in jail since 2.4.2023, as such, he is incarcerated in jail for one year and five months and 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. There is no criminal antecedent of the applicant. He is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned State Law Officer has vehemently opposed the bail application. 7. This Court had called for the status of trial from the concerned trial Versus Counsel for Applicant(s) : Rasmi Khilwani Counsel for Opposite Party(s) : G.A. Ram Avtar Chauhan Alias Pintoo .....Applicant(s) State of U.P. .....Opposite Party(s)
court. As per the said status report dated 22.8.2025, the case is fixed for final arguments. 8. After hearing learned counsel for the parties and taking into consideration that the witnesses have deposed against the applicant and there being no new ground for pressing the instant bail application except the period of incarceration coupled with the fact that trial is at its conclusive end, I do not find it a fit case for grant of bail to the applicant. 9. The present bail application is hereby found devoid of merits and is accordingly rejected. 10.
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. 11. 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. September 8, 2025 Vikas Verma BAIL No. 26524 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad