Sagar Ali v. State of U.P. and

Judgment

1. Case called out. Although name of Ms Anuradha Singh, Advocate is printed in the cause list on behalf of the opposite party Nos.2 and 3 but when the case is taken up, no one appeared on behalf of the respondent Nos. 2 and 3. It has been informed that Ms Anuradha Singh is on sanctioned leave. However, learned AGA is present for the State. This Court on 08.08.2025 passed the following order :-

"Supplementary affidavit filed today is taken on record. Case called out. Shri Vishwa Nath Singh, learned counsel for the appellant and learned A.G.A. are present. However, no-one appeared on behalf of private opposite party nos.2 and 3 despite the name of Ms. Anuradha Singh, Advocate is printed in the cause list. In the interest of justice, list/put up this case on 18.08.2025 in top ten cases. It is made clear that on the next date of listing, the case would not be adjourned on any ground including the ground of illness and an appropriate order would be passed even in absence of learned counsel for the opposite party nos.2 and 3." In the above circumstances, the Court proceeded to decide the case

2. finally. Heard learned counsel for the appellant, learned A.G.A. for the State

3. and perused the record. The present appeal has been filed under Section 14-A (2) of Scheduled 4. Castes and Scheduled Tribes Act, 1989 against the order dated 04.11.2020 2 CRLA No. - 1249 of 2020 passed by Special Judge, SC/ST Act/Additional Session Judge, Bahraich in Bail Application No. 1426/12A/2020, arising out of Case Crime No.122 of 2020, under Sections 363, 366, 376, 370 I.P.C. and Section 3(2)(Va) of SC/ST Act, P.S.- Kaiserganj, District - Bahraich. While pressing the instant appeal, learned counsel for the appellant 5. submitted that the appellant is innocent and he has falsely been implicated in the present case. He further stated that the appellant is in jail since 20.03.2020 and the trial is not proceeding as is required under the law.

6. Learned counsel for the appellant submits that the appellant is in jail for the last more than five and half years and is entitled for bail on the ground of period of incarceration. Learned counsel next submitted that in case he appellant is enlarged on 7. bail he will not misuse the liberty of bail and will co-operate in early conclusion of the trial and will not tamper the witnesses. In these circumstances, the appellant is the impugned order is liable to be set aside and the appeal is liable to be allowed. Learned counsel for the appellant in support of his submissions has

8. placed reliance upon the following judgment(s) :-

"Supplementary affidavit filed today is taken on record. Case called out. Shri Vishwa Nath Singh, learned counsel for the appellant and learned A.G.A. are present. However, no-one appeared on behalf of private opposite party nos.2 and 3 despite the name of Ms. Anuradha Singh, Advocate is printed in the cause list. In the interest of justice, list/put up this case on 18.08.2025 in top ten cases. It is made clear that on the next date of listing, the case would not be adjourned on any ground including the ground of illness and an appropriate order would be passed even in absence of learned counsel for the opposite party nos.2 and 3." In the above circumstances, the Court proceeded to decide the case

2. finally. Heard learned counsel for the appellant, learned A.G.A. for the State

3. and perused the record. The present appeal has been filed under Section 14-A (2) of Scheduled 4. Castes and Scheduled Tribes Act, 1989 against the order dated 04.11.2020 2 CRLA No. - 1249 of 2020 passed by Special Judge, SC/ST Act/Additional Session Judge, Bahraich in Bail Application No. 1426/12A/2020, arising out of Case Crime No.122 of 2020, under Sections 363, 366, 376, 370 I.P.C. and Section 3(2)(Va) of SC/ST Act, P.S.- Kaiserganj, District - Bahraich. While pressing the instant appeal, learned counsel for the appellant 5. submitted that the appellant is innocent and he has falsely been implicated in the present case. He further stated that the appellant is in jail since 20.03.2020 and the trial is not proceeding as is required under the law.

6. Learned counsel for the appellant submits that the appellant is in jail for the last more than five and half years and is entitled for bail on the ground of period of incarceration. Learned counsel next submitted that in case he appellant is enlarged on 7. bail he will not misuse the liberty of bail and will co-operate in early conclusion of the trial and will not tamper the witnesses. In these circumstances, the appellant is the impugned order is liable to be set aside and the appeal is liable to be allowed. Learned counsel for the appellant in support of his submissions has

8. placed reliance upon the following judgment(s) :-