The Court dismissed a criminal appeal against the rejection of a bail application under the SC/ST Act. Finding it not a fit case to set aside the Special Judge's order, the appeal was rejected, though the trial court was directed to conclude the trial within one year.
None. Criminal appeal rejected; impugned bail rejection order stands.
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Neutral Citation No. - 2024:AHC:146686
Reserved on 04.09.2024. Delivered on 09.09.2024
Case :- CRIMINAL APPEAL No. - 2881 of 2024
Appellant :- Rohit Rajpoot Respondent :- State of U.P. and Another Counsel for Appellant :- Hare Krishna Tripathi Counsel for Respondent :- G.A.
Hon'ble Siddharth,J.
Heard Sri H. K. Tripathi, learned counsel for the appellant and the learned AGA for the State.
The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellants to set aside the impugned order dated 01.01.2024, whereby the Special Judge, SC/ST Act, Jhansi has rejected the Bail Application No.2773 of 2023 of the appellant moved by them in Case Crime No.223 of 2022, under Sections 307, 324, 329, 386, 504, 506 IPC and Section 3(2)(5) of SC/ST Act, Police Station Chirgaon, District Jhansi.
There is allegation in the first information report that on 04.08.2022 the appellant along with co-accused, Lalla Rajput, Amit Ahirwar and unknown accused came to the petrol pump of the informant on two motor-cycles and demanded free petrol. The staff refused to petrol and thereafter at 10.45 p.m. all the four accused again came on the petrol pump and demanded 10 litres of petrol free and Rs.10,000/- towards extortion money. When the demand was not accepted, the appellant caused murdered one Ravindra Verma, staff of the petrol pump.
Learned counsel for the appellant submits that he has been falsely implicated in this case by the informant. The deceased was admitted in hospital and after treatment he was discharged on 05.08.2022 in satisfactory condition. He is in jail since 13.08.2022.
Learned AGA has vehemently opposed the bail application in above noted appeal and has submitted the appellant has long criminal history as clear from the supplementary affidavit filed in court. It shows criminal history of 18 cases of the appellant. When this bail application was filed and false averment was made in para 35 of the affidavit that appellant has no criminal history.
After hearing rival contentions of the parties, this court finds that it is not a fit case for setting aside the bail rejection order dated 01.01.2024 and granting bail to the appellant.
In view of above, criminal appeal is rejected. Trial Court will make all endeavour to conclude the trial within one year from the date of production of certified copy of this order.
Order Date :- 09.09.2024
SS
2 of 2
Digitally signed by :- SURENDER SINGH NARANG High Court of Judicature at Allahabad
2 issues framed by the court
Whether the criminal appeal against rejection of bail application under the SC/ST Act should be allowed.
Whether the appellant is a fit case for bail considering impugned rejection order and criminal history.
3 provisions across 2 enactments
Rohit Rajpoot
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
