Neutral Citation No. - 2025:AHC:27797 Court No. - 82 Case :- CRIMINAL APPEAL No. - 11083 of 2024 Appellant :- Deepak Patel Respondent :- State of U.P. and Another Counsel for Appellant :- Arvind Kumar,Vidya Sagar Rajbhar Counsel for Respondent :- G.A.,Jitendra Singh,Vikesh Kumar Tiwari Hon'ble Nalin Kumar Srivastava,J. 1. This criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant Deepak Patel against the bail rejection order dated 21.10.2024 passed by the Special Judge (SC/ST Act), Prayagraj in case crime no. 64 of 2018, under Sections- 302, 307, 379, 411, 506 IPC and Section 3(2)V of SC/ST Act, Police Station- Khiri, District- Prayagraj. 2. Heard learned counsel for the appellant, learned AGA for the State and perused the entire record. 3. This is the second appeal on behalf of the accused-appellant- Deepak Patel. First appeal of the accused-appellant was rejected on 12.08.2021 by the Hon'ble Mr. M.N. Bhandari,J Acting Chief Justice (as his lordship then was) with direction to the trial court to expedite the proceedings of the case. 4. It is submitted by the learned counsel for the appellant that the appellant is innocent and has been falsely implicated in this case. He has not committed the present offence. Alleged offences are not attracted against him. Essential ingredients to establish an offence under SC/ST Act are also missing in this case. It is further submitted that the present second bail application has been filed on the ground of delayed trial and long incarceration period of the appellant, as the appellant is languishing in jail since 23.04.2018. It is also submitted that no actual proceedings are taking place in the trial and the present appellant is languishing unnecessarily in jail. It is further submitted that after passing the bail rejection order dated 12.08.2021, only three witnesses have been examined so far in the span of four years. It is lastly submitted that the 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. 5. On the other hand, learned AGA vehemently opposed the appeal and bail application moved by the accused appellant and it has been submitted that the trial court is making all endevours for expeditiously disposal of the present matter. It is further submitted that it is a case of murder and only on the ground of delayed trial no leniency can be shown in favour of the accused/appellant. There is no infirmity or illegality in the impugned order dated 21.10.2024. On these grounds prayer for dismissal of the appeal and rejection of the bail application has been made. 6. 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. 7. Having regarding to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, the Court is of the opinion that the appellant has not made out a case for bail. 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. 8. Accordingly, the impugned order rejecting the bail application of the appellant is affirmed and the appeal is dismissed. 9. However, trial court is directed to make all necessary endevour to conclude the trial as expeditiously as possible preferably within a period of one year from the date of production of certified copy of this order, if there is no legal impediment. 10. If within the period of one year the trial is not concluded, the present appellant shall be at liberty to file fresh appeal under section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, before this Court. 11. Office is also directed to send a copy of the order passed today to the trial Court for necessary compliance. Order Date :- 27.2.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad