Neutral Citation No. - 2025:AHC:63073 Court No. - 80 Case :- CRIMINAL APPEAL No. - 11452 of 2024 Appellant :- Deepak Chauhan Respondent :- State of U.P. and Another Counsel for Appellant :- R.D. Yadav Counsel for Respondent :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. By way of the present Criminal Appeal under Section 14-A(2) of the SC/ST Act the appellant has approached this Court against the second bail rejection order dated 24.6.2024 passed by the Special Judge (SC/ST Act), Jaunpur and to release the appellant on bail in case crime no. 147 of 2022 under Sections 302, 201, 364 IPC and Section 3(2)(v) of SC/ST Act, P.S. Baksha, District Jaunpur. 2. Heard learned counsel for the appellant as well as the learned AGA and perused the entire record. None is present for the opposite party no.2 despite service of notice. 3. The previous criminal appeal filed by the appellant praying for bail and setting aside the bail rejection order passed by the Court concerned has been decided on merits by the coordinate Bench of this Court and it has been dismissed vide order dated 14.3.2023. 4. Delayed trial and incarceration period of the appellant are the new and additional grounds in this criminal appeal. 5. It is submitted that F.I.R. was lodged in this case in the year 2022 and after investigation charge sheet has been submitted and charges have also been framed but so far no prosecution witness has been examined before the Court. It is also submitted that the appellant is in jail since 13.5.2022 and has served out about three years incarceration period. The learned trial court while passing the impugned order did not take into account the facts and evidence available on record in right perspective and erred in passing the same. It is lastly submitted that the impugned order rejecting the bail application of the appellant suffers from infirmity and illegality warranting interference by this Court. 6. On the other hand, learned AGA opposing the prayer submitted that the appellant committed the present offence having knowledge that the deceased belonged to scheduled caste community. There is no infirmity or illegality in the impugned order and appeal deserves to be dismissed. Previous appeal filed by the appellant has been dismissed on merits. 7. I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record including the impugned order carefully. 8. It appears from the arguments advanced by the counsel for the parties and from perusal of material on record that the Court concerned has properly considered the case of the appellant while deciding the bail application. Hence, having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, role of the appellant, severity of punishment and the fact that case is running at the stage of evidence and a lot of evidence has to come, the Court is of the opinion that the appellant has not made out a case for bail. The Court concerned passed a reasoned order while rejecting the bail application of the appellant. The impugned order does not suffer from infirmity and illegality and the same is liable to be affirmed and the appeal is liable to be dismissed. 9. Accordingly, the impugned order rejecting the bail application of the appellant is affirmed and the appeal is dismissed. 10. However, the trial court is expected to make all endeavours to decide the trial of this case expeditiously, preferably within a period of one year without granting any unnecessary adjournments to either of the parties. 11. It is also observed that if the trial of the matter is not concluded within one year, it will be open to the appellant to approach this Court again. 12. It is made clear that the submissions / observation made in this order are only for deciding the bail application and the trial court will not be influenced in any way with the said observations / submissions while deciding the trial. Order Date :- 24.4.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad