The main legal point established in the judgment is the consideration of the credibility of allegations, the period of detention undergone, and the unlikelihood of an early conclusion of the trial in deciding a bail application.

JUDGMENT :

1. The case is taken up in the revised call.

2. Heard Ms. Smriti, the learned counsel for the appellant as well as Sri Ashok Kumar Singh, the learned A.G.A. for the State-opposite party No. 1 and perused the entire record.

3. Learned A.G.A. has filed counter affidavit and in reply thereto learned counsel for the appellant has filed rejoinder affidavit.

4. Today when the case is taken up, neither any counsel has appeared on behalf of opposite party No. 2 nor counter affidavit has been filed on her behalf.

5. This Court vide order dated 25.01.2022 issued notice to the opposite party No.2. As per the office report dated 23.04.2022 notice has already been served upon the opposite party No. 2. Sri Vivek Singh, Advocate has put in appearance on behalf of opposite party No.2, but has not filed any counter affidavit till date. The matter was listed more than ten times, but no counter affidavit has been filed. Thereafter, this Court vide order dated 17.07.2023 granted ten days time to file counter affidavit. The order dated 17.07.2023 is being reproduced herein-below:

“Ms. Smriti, the learned counsel for the appellant submits that she has searched Shri Vivek Singh, the learned counsel for the opposite party No. 2 but she could not find her, even her mobile number has also been put by him in block list.

The matter was listed several times but the learned counsel for the opposite party No. 2 neither appeared not filed any counter affidavit.

Accordingly, Shri Vivek Singh, the learned counsel for the opposite party No. 2 is granted ten days' and no more time to file counter affidavit. Three days, thereafter, is allowed to the learned counsel for the appellant to file rejoinder affidavit.

Put up this case on 26.07.2023 peremptorily before appropriate Court.”

Thereafter, on 28.08.2023 this Court again granted time to file counter affidavit. The order dated 28.08.2023 is being reproduced hereinbelow:

“Ms. Smriti, learned counsel for the appellant submits that in spite of several attempts, she could not find Sri Vivek Singh, learned counsel for the opposite party no.2 in the premises of the High Court. She also submits that she tried to search Sri Vivek Singh, learned counsel for the opposite party no.2 several times, however, she could not know about his whereabouts. She further submits that she may be given one more opportunity to serve written notice upon him about mentioning of the case to be taken up out of turn.

The reason appears to be justified.

One more opportunity is being given to learned counsel for the appellant to serve a written notice upon Sri Vivek Singh, learned counsel for the opposite party no.2 about mentioning of the case to be taken up out of turn.

Sri Vivek Singh, learned counsel for the opposite party no.2 is also directed to appear in this case on the next date fixed for argument.

Put up this case on 11.09.2023 peremptorily.”

6. Learned counsel for the appellant submits that Sri Vivek Singh, learned counsel for the opposite party No.2 never used to take written notice, so that the matter be taken up. Thus, she has sent notice by Speed Post on 04.09.2023 and on 05.09.2023. The copy of the Speed Post receipts are being shown to the Court, in which the said notice was already received. The said track consignment as well as the photocopy of the receipts of both the dates are taken on record. Learned counsel for the appellants submits that as the matter pertains to bail, thus the case may be finally heard by this Court.

7. Sri Ashok Kumar Singh, Learned A.G.A. submits that as the notice has already been served by the Speed Post and there is a track consignment that the notice has already been served and the counsel is avoiding to appear in this case, thus he submits that the matter may be heard finally.

8. In the above circumstances, this Court has no option but to proceed for final arguments to decide the present appeal.

9. The present criminal appeal under Section 14-A (2) Scheduled Castes and Scheduled Tribes (Prevention of At