Court No. - 64
Case :- CRIMINAL APPEAL No. - 5975 of 2021 Appellant :- Saddam Respondent :- State of U.P. and Another Counsel for Appellant :- Haya Rizvi Counsel for Respondent :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Ms. Haya Rizvi, learned counsel for the appellant and Sri Ankit Srivastav, learned AGA for the State.
2. Present appeal is directed against the oder dated 23.04.2021 passed by the learned Special Judge (SC/ST Act), Aligarh in 3rd Bail Application No. 1399 of 2021 (Saddam Vs. State of U.P.), arising out of Case Crime No. 184 of 2019, under Sections - 376 and 506 IPC and Section 3(2)(5) S.C./S.T. (Prevention of Atrocities) Act, Police Station - Palimukimpur, District - Aligarh.
3. At the outset, learned AGA has objected that no interference is warranted in the present appeal inasmuch as the learned court below has only rejected the third bail application for default.
4. The objection raised is well founded.
5. In absence of any application of mind made by the learned court below for reason of default committed by the appellant, the present appeal lacks merit and is accordingly dismissed.
6. It is however left open to the appellant to file a fresh fourth bail application before the learned court below, which application when filed may be decided on its own merit without being prejudiced by any observation made in this order.
Order Date :- 22.12.2021 Abhilash