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2025 DAILYLAW 98129 (ALL)

MANISH PAL @ RITIK v. State of UP

BAIL/34929/2024 · 2025-10-09

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34929 of 2024 Court No. - 67 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 Chandra Prakash Pandey, learned counsel for the applicant and Sri Rajesh Kumar Singh, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. This is the second bail application filed on behalf of the applicant seeking bail in Case Crime No. 99 of 2022, under Sections 302, 201, 34 of I.P.C., Police Station - Kerakat, District - Jaunpur, during the pendency of trial. His first bail application was rejected by coordinate Bench of this Court vide order dated 2.2.2023 passed in C.M.B.A. No. 48584 of 2022. 4. As a new ground, learned counsel for the applicant has submitted that the prosecution has completely changed the motive as earlier on, it was stated to be the illicit relationship now it has been changed to the matter of money dispute. It is further stated that by means of the second bail application, the co-accused Nitin Pal @ Santosh Pal has been enlarged on bail by the coordinate Bench of this Court vide order dated 26.07.2024 passed in C.M.B.A. No. 50303 of 2023. It is argued that it has come up in the statement of P.W. 2 that the role of the applicant and the co-accused Nitin Pal @ Santosh Pal was at a similar footing, as such, the applicant is also entitled for bail on the ground of parity. 6. Learned counsel has also stated that the criminal history of one case Versus Counsel for Applicant(s) : Chandra Prakash Pandey, Saurabh Mishra Counsel for Opposite Party(s) : G.A., Raj Kumar Dhama, Rajesh Kumar Singh, Shantanu Manish Pal @ Ritik .....Applicant(s) State of U.P. .....Opposite Party(s) assigned to the applicant has been explained in the IInd supplementary affidavit. The applicant is languishing in jail since 23.03.2022. 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 counsel for the informant and learned AGA have vehemently opposed the bail application by stating that in the said bail order of co-accused Nitin Pal @ Santosh Pal, it has come up that he has been granted bail on the ground that his name has come up in the confessional statement of the applicant. The applicant is the real assailant and has committed the said offence. The trial is at its conclusive end as already eleven witnesses have been examined, as such, the applicant is not entitled for bail. 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 already eleven witnesses have already been examined, 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. October 10, 2025 Siddhant BAIL No. 34929 of 2024 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad