Asad @ Mohd. Arshad Alam Vs State of U.P and 2 Others

Neutral Citation No. - 2023:AHC:103758

Court No. - 83

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13360 of 2022

Applicant :- Asad @ Mohd. Arshad Alam Opposite Party :- State Of U.P And 2 Others Counsel for Applicant :- Saurabh Agarwal Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised. None has appeared to press this anticipatory bail application. Learned AGA is present for the state. In the circumstances, I myself have perused the record. Learned AGA could not apprise this Court about the present status of the trial.

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The instant anticipatory bail application was filed in the year 2022. None was present on behalf of the applicant on the last two occasions. It cannot be allowed to swing years together in the cloak of pendency.

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Sub-Section 5 of Section 438 Cr.P.C. says that the anticipatory bail application be finally disposed of within thirty days of the date of such application. The Apex Court in para-73(k) of Satender Kumar Antil vs. Central Bureau of Investigation and another , reported in 2022 SCC Online SC 825 has held that the application for anticipatory bail are expected to be disposed of within a period of six weeks.

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The Apex Court in Ishwarlal Mali Rathod v. Gopal, (2021) 12 SCC 612 has categorically held that courts shall not grant the adjournments in routine manner and mechanically and shall not be a party to cause for delay in dispensing the justice.

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It appears that either the trial has concluded or the applicant has lost interest in pursuing the matter. Therefore, by the efflux of time, it seems to have been rendered infructuous.

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The application is accordingly dismissed as infructuous.

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Interim protection granted, if any, stands vacated.

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(Justice Krishan Pahal)

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Order Date :- 12.5.2023 Siddhant

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad

Asad @ Mohd. Arshad Alam v. State of U.P and 2 Others

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Asad @ Mohd. Arshad Alam v. State of U.P and 2 Others

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