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2025 DAILYLAW 99655 (ALL)

SHAHZAD AHMAD v. State of UP

BAIL/35772/2024 · 2025-07-09

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109834 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35772 of 2024 Applicant :- Shahzad Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Avdhesh Kumar,Deepesh Kumar Ojha,Ichhvaku Pratap Shahi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Deepesh Kumar Ojha, learned counsel for applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. The present bail application has been filed by the applicant in Case Crime No.0098 of 2018, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station Sherkot, District Bijnor with the prayer to enlarge him on bail. 4. This is the third bail application on behalf of the applicant. 5. Learned counsel for the applicant has stated that the new ground is the period of incarceration as he is in jail since 11.04.2018, as such, the applicant is entitled for bail as his fundamental rights enshrined under Article 21 of the Constitution of India stand violated. The applicant is ready to cooperate with trial. In case, he is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the trial is at its logical end and all the witnesses have deposed against the applicant. 7. This Court had called for status of trial from the trial court and it has come up that ten prosecution witnesses have been examined and subsequent to it, the statement of the accused under Section 313 Cr.P.C. has been recorded on 06.06.2025 and the trial is fixed for defence evidence, as such, trial is at its conclusive end. 8. After hearing learned counsel for the parties and taking into consideration the facts that no new ground is there for pressing the second bail application and the trial being at its conclusive end, I do not find it a fit case for grant of bail to the applicant. 9. The bail application is 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 as early as possible 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. Order Date :- 10.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad