Bhole Pateriya vs State Of U.P. And Another
2021 Latest Caselaw 8641 ALL

Citation : 2021 Latest Caselaw 8641 ALL
Judgement Date : 26 July, 2021

Allahabad High Court

Bhole Pateriya vs State Of U.P. And Another on 26 July, 2021

Bench: Rahul Chaturvedi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 67
 
Case :- CRIMINAL APPEAL No. - 2135 of 2021
 
Appellant :- Bhole Pateriya
 
Respondent :- State of U.P. and Another
 
Counsel for Appellant :- Rakesh Kumar Pandey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Rahul Chaturvedi,J.

Heard learned counsel for the appellant, learned AGA and perused the record.

The present criminal appeal has been preferred against the judgment and order dated 25.03.2021 passed by learned Special Judge, SC/ST Act, Lalitpur in Case Crime No. 981 of 1994, u/s 307, 504, 506/34 IPC and 3(1)X of SC/ST Act, P.S. Kotwali, District Lalitpur is seeking enlargement on bail during the trial.

Submission made by learned counsel for the appellant that the FIR was lodged wayback on 14.10.1994 by one Sunil Kumar u/s 307, 504, 506/34 IPC and section 3(1)X of SC/ST Act against four named accused persons including the appellant with the allegation that the appellant along with other co-accuse persons have called the informant's brother, Sunil Kumar and started hurling filthy abuses to him. During this, the appellant Bhole Pateriya had given a knife blow upon the injured Sanjay Kumar. The injury report of Sanjay Kumar indicates that he has sustained a knife injury over his person. The injury no. 2 is on the left side of abdomen.

Taking into account the active role of the appellant in the commission of the offence, I do not find any illegality or perversity in the order passed by learned Special Judge, SC/ST Act, Lalitpur dated 25.03.2021.

Hence, the present appeal is devoid of merit and accordingly, stands dismissed.

Since the present matter relates to the year 1994, therefore, the learned trial court is directed to gear up the trial on the top most priority and conclude the same within a period of eight months from the production of certified copy of this order. Provided, the applicant would serve a copy of this order by 10th August, 2021 apprising the court below about the direction of this court and gave a written undertaking that he would cooperate in the early conclusion of the trial.

Order Date :- 26.7.2021

Nisha