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Allahabad High Court

RISHIKANTversusSTATE OF U.P.

Decided

Holding

The bail application was dismissed.

Summary

The applicant sought bail in a criminal case (Crime No. 581 of 2021) involving offences under sections 147, 148, 149, 307, 302, 504 and 506 of the Indian Penal Code. The State argued that the trial was at an advanced stage, with defence witness examination underway, and that the applicant's earlier bail application had already been rejected. The applicant contended that four co‑accused had been released on bail while he had been in custody since 2021 and that the trial was unlikely to conclude soon. The court noted that the trial was indeed at an advanced stage and that the earlier bail application had been denied on merit. Consequently, the bail application was dismissed, though the applicant was permitted to approach the court again if the trial does not conclude within two months.

Issues considered

  • Whether bail can be granted to the accused at an advanced stage of trial when the earlier bail application was rejected and co‑accused have been released on bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Indian Penal Code
  • advanced trial stage
  • co‑accused bail

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 32947 of 2023

Rishikant
                                                              .....Applicant(s)
                                    Versus

State of U.P.
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Applicant(s)      : Anjali Singh Tomer, Gaurav Singh
                                Tomar, Hemendra Pratap Singh, Inder
                                Pal Singh Tomar, Nushra Siddiqui,
                                Ravi Pandey
Counsel for Opposite Party(s) : G.A., Mrityunjay Dwivedi

Court No. - 72
                 HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Ms. Anjali Singh Tomar, learned counsel for the applicant, Sri
Mrityunjay Dwivedi, learned counsel for the first informant and Sri B.P.
Singh, learned A.G.A. for the State.

2. The instant application has been filed with a prayer to release the
applicant on bail in Case Crime No. 581 of 2021, u/s 147, 148, 149, 307,
302, 504, 506 IPC, P.S. Iglas, District Aligarh.

3. At the very outset, learned counsel for the first informant has submitted
that trial of the case is at very advance stage of hearing and arguments.
Therefore, no case for grant of bail, at this stage, is made out.

4. On the other hand, learned counsel for the applicant submits that four
co-accused persons have already been granted bail and the applicant has
been languishing in jail since 2021. It is further submitted that trial of this
case is not likely to be concluded in near future.

5. Learned A.G.A. has submitted that as per order sheet dated 15.7.2025
of the learned Trial Court, the trial was at the stage of examination of
defence witnesses at that time.

6. In view of the fact that the trial is at the advance stage and first bail
application of the applicant has already been rejected on merit, no case for
                                                                                          BAIL No. 32947 of 2023
                                                                   2


                                    interference is made out.

                                    7. Accordingly, the bail application is dismissed.

                                    8. However, the applicant shall be at liberty to move this Court for grant
                                    of bail, if the trial of this case is not concluded within two months.



                                                                                   (Jitendra Kumar Sinha,J.)
                                    March 18, 2026
                                    Vandana




Digitally signed by :-
VANDANA GAUTAM
High Court of Judicature at Allahabad


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