Neutral Citation No. - 2025:AHC:145261 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31197 of 2024 Applicant :- Pradeep Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A.,Sandeep Kumar Singh Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Anil Kumar, learned counsel for the applicant and Sri Sandeep Kumar Singh, learned counsel for the informant as well as Sri Rajendra Prasad Singh, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 214 of 2023, under Sections 498-A, 304-B of I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station - Niwari, District - Ghaziabad, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the informant's daughter as per Hindu Rites in the month of April, 2021. The applicant and other family members are stated to have subjected her to cruelty for a demand of Rs. 10 lakhs and a car as dowry thereby leading her to death on 22.12.2023. 5. Learned counsel for the applicant has submitted that the applicant is innocent 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 by about nine hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the applicant used to live in Oman due to his work and his wife (deceased) used to pressurize him to take her to Oman along with him but he refused as he did not have enough means to maintain her at Oman, as such, she has committed suicide. 7. 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 is languishing in jail since 22.12.2023, having 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. 8. Per contra, learned counsel for the informant and learned State Law Officer 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. 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 on 18.08.2025. As per the said report, three witnesses have been examined to date. 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 taking into consideration the fact that the trial is moving on as three witnesses have been examined coupled by the fact that the deceased has expired within the precincts of the house of the applicant, I do not find it a fit case to release the applicant on bail. 12. The bail application is, accordingly, rejected. 13. 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. 14. 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:- 22.8.2025/Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad