Court No. - 29
Case :- CRIMINAL APPEAL No. - 6657 of 2018 Appellant :- Mulayam Singh Respondent :- State of U.P. and Another Counsel for Appellant :- Anil Kumar Dubey,Ram Milan Dwivedi Counsel for Respondent :- G.A.,Ram Singh
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
Heard Sri Ram Milan Dwivedi, learned counsel for appellant, learned A.G.A. for the State of U.P. and Sri Ram Singh, learned counsel for complainant.
By this appeal, a challenge is made to the order dated 11.10.2018 by which the bail application of the appellant/applicant was dismissed.
The F.I.R. was registered as Case Crime No. 226 of 2010, under Sections 376, 302 I.P.C. and 3(1)(12) and 3(2)5 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station- Baberu, District- Banda.
Learned counsel for the appellant submits that nobody has seen the occurrence, thus, the appellant has been falsely implicated for the offence under Sections 376, 302 I.P.C.
Learned counsel for public prosecutor has contested the plea. He submits that being a case of circumstantial evidence, the evidence was collected during the course of investigation to make a chain of circumstances. The trial in the matter has already proceeded and is pending for final argument which is deferred for the last two years as the counsel for the accused is not arguing the case.
In view of the above, the appeal may be dismissed. I have considered rival submissions of the parties.
Looking to the facts on record, I do not find a case for grant of bail at this stage. Any comment on the merit may affect the trial which is now being concluded and is pending for final argument. It is the counsel for the accused who is not arguing the case finally for the last two years. Thus, delay in conclusion of the trial is at the instance of the accused.
The appeal is disposed of without causing interference in the order refusing the bail but with a direction to the Trial Court to hear and decide the pending case without further delay and if the accused needs assistance, provide it from the legal aid in case the advocate for accused fail to appear for final hearing.
Order Date :- 29.7.2021 Nirmal Sinha (Munishwar Nath Bhandari, A.C.J.)