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Allahabad High Court

KALLU @ AYUBversusSTATE OF U.P.

Decided

Holding

Bail was denied as the trial was at an advanced stage and the earlier bail application had been rejected.

Summary

The applicant Kallu @ Ayub sought bail in a criminal case (Crime No. 378 of 2021) involving offences under Sections 302, 201 and 120‑B of the IPC. This was his second bail application; the first, filed in 2021, had been rejected on merit. The prosecution argued that the accused’s statements had already been recorded under Section 313 of the CrPC on 14‑Nov‑2025 and the trial was at an advanced stage. The court noted that the earlier bail denial and the progress of the trial left no sufficient ground to grant bail. Consequently, the application was dismissed, though the court permitted the applicant to approach the court again if the trial remained pending beyond two months.

Issues considered

  • Whether bail can be granted to the accused at the advanced stage of trial after a prior bail application was rejected

Legislation cited

Subjects

  • bail
  • IPC 302
  • IPC 201
  • IPC 120B
  • Section 313 CrPC
  • trial stage
  • high court
  • criminal procedure

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 44207 of 2023

Kallu @ Ayub
                                                               .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)      : Abhijeet Pratap Singh, Afsana, Ashok
                                Kumar Mishra, Mohd Kadim, Zafeer
                                Ahmad
Counsel for Opposite Party(s) : G.A., Tawvab Ahmed Khan

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

1. List has been revised. Heard Ms. Afsana, learned counsel for the
applicant and Sri J.P. Singh, learned A.G.A. for the State are present.
However, no one is present for the first informant.

2. The instant application has been filed with a prayer to release the
applicant on bail in Case Crime No. 378 of 2021, under Sections 302,
201, 120-B IPC, P.S. Nakhasa, District Sambhal.

3. It is contended by learned counsel for the applicant that this is the
second bail application filed on behalf of the applicant and his first Bail
Application No. 56229 of 2021 has already been rejected on merit vide
order dated 12.5.2022. It is further submitted that the applicant has been
languishing in jail for the last five and a half years and trial of this case is
not likely to be concluded in near future.

4. On the other hand, learned A.G.A. has submitted that statements of
accused persons have already been recorded under Section 313 Cr.P.C. on
14.11.2025 and the trial is at advance stage.

5. The first bail application of the applicant has already been rejected on
merit and trial is at advance stage. Statements of the accused persons have
already been recorded under Section 313 Cr.P.C. on 14.11.2025.

6. In view of the above, no case for grant of bail is made out.
                                                                                           BAIL No. 44207 of 2023
                                                                   2


                                    Accordingly, the bail application is rejected.

                                    7. 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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