Single bench dismissed a bail application pending since 2014 on the sole ground that the applicant was absent and failed to appear even on a revised call, noting no one was present to press the matter.
Bail application rejected due to non-appearance of the applicant.
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Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26690 of 2014
Applicant :- Mohd. Afsar Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Agrawal,Preetam Yadav,Rishabh Agarwal,Yogesh Srivastava
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Pradeep Kumar Singh Baghel,J.
No one is present on behalf of the applicant to press this bail application even in the revised call.
The Supreme Court in Special Leave Petition (CRIMINAL) Diary No. 36869 of 2017 (Sanjay Dubey @ Rajesh Dubey vs. Central Bureau of Investigation Anti Corruption Bureau Ghaziabad) in the order dated 29.11.2017 has observed for disposal of bail matters within a period of one month, in the following terms:-
"In judgement of this Court in Hussain and Another vs. Union of India (2017) 5 SCC 702, this Court observed that in view of mandate of Article 21, the High Courts may dispose of the bail matters within a period of one month ............"
In the instant case, the bail application is pending since 2014. No one is present to press it.
Accordingly, the bail application is rejected.
Order Date :- 11.1.2018 Faridul
2 issues framed by the court
Whether the bail application of Mohd. Afsar, pending since 2014 and unpressed despite a revised call, should be allowed.
Whether the failure of the applicant to appear for the bail hearing warrants rejection of the application.
Colour shows how this judgement treated each authority
Hussain and Another vs. Union of IndiaReferred¶8
Hussain and Another vs. Union of India (2017) 5 SCC 702 · Who else cites this
Sanjay Dubey @ Rajesh Dubey vs. Central Bureau of Investigation Anti Corruption Bureau GhaziabadReferred¶7
Sanjay Dubey @ Rajesh Dubey vs. Central Bureau of Investigation Anti Corruption Bureau Ghaziabad
Mohd. Afsar
Pradeep Kumar Singh Baghel
As recorded by the court registry
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Pradeep Kumar Singh Baghel
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