Dinesh Tiwari v. state of U.P. THRU. SECY. HOME and another
CRLA/2146/2024 · 2025-07-22
Saurabh Lavania
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 147446 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147446 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:41791 Court No. - 13 Case :- CRIMINAL APPEAL No. - 2146 of 2024 Appellant :- Dinesh Tiwari Respondent :- State Of U.P. Thru. Secy. Home And Another Counsel for Appellant :- Devendra Pratap,Shashank Shekhar Singh Counsel for Respondent :- G.A.,Piyush Asthana Hon'ble Saurabh Lavania,J.
1. Heard learned Counsel for the appellant, Sri Piyush Asthana, learned Counsel for the complainant, Sri Rajesh Kumar Shukla, learned A.G.A. and perused the records.
2. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 26.06.2024 passed by Additional Sessions Judge/ Special Judge, SC/ST Act, District- Lucknow (in short 'trial court') in Bail Application No. 2034 of 2024 arising out of Case Crime No. 176/2009 under Sections 364, 302, 201 IPC & 3(2)(v) of S.C./S.T. Act, Police Station-Naka Hindola, District-Lucknow, whereby rejecting the bail application of the appellant.
3. The appellant in relation to the Case Crime No. 176/2009 under Sections 364, 302, 201 IPC & 3(2)(v) of S.C./S.T. Act, Police Station- Naka Hindola, District-Lucknow, was brought to the trial court from jail on 06.10.2012 and from the trial court the appellant fled away and thereafter the trial court proceeded against the two co-accused namely Ravindra Pratap Gaur and Ravi Gupta and passed the judgment of conviction dated 21.04.2018 and till that date the appellant was absconding and after herculean efforts, the appellant was arrested on 20.10.2022 i.e. after about ten years and since then he is in jail.
4. The trial is proceeding and three witnesses of prosecution have already been examined.
5. In the aforesaid background of the case, particularly on the conduct of the appellant, this Court is not inclined to interfere in the impugned order passed by the trial court. The appeal is accordingly dismissed.
6. At this stage, learned counsel for the appellant submitted that the pending trial may be expedited, as it would be in the interest of justice.
7. Considering the entirety of the case, the trial Court is directed to proceed in the matter expeditiously. Order Date :- 22.7.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench