Court rejected a bail application filed under Section 439 Cr.P.C. due to the applicant's counsel's repeated non-appearance and lack of prosecution, treating it as non-prosecution to prevent indefinite delay.
Bail application rejected for non-prosecution.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1394 of 2022
Applicant :- Anil Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- R.P.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
The instant bail application under Section 439 Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 803 of 2021, under Sections 363, 366, 376AB, 368, 120B IPC and 5D/6 of POCSO Act, police station Indrapuram, district Ghaziabad.
The matter is pending since February, 2022. Perusal of order sheet shows that on 04.5.2022, the case was adjourned at the request of learned counsel for the applicant. On 11.5.2022, when the case was taken up, none appeared on behalf of the applicant to address the Court. On 20.6.2022 and 25.7.2022, the case was adjourned at the request made on behalf of learned counsel for the applicant. On 05.9.2022, none appeared on behalf of the applicant. Today, also when the case is taken up, learned counsel for the applicant is not present to press this bail appliation.
Learned Additional Government Advocate is present, but he is not aware about the status of the case.
The non-appearance of the learned counsel for the applicant demonstrates that he is not interested in pursuing this application. The present bail application cannot be allowed to dilate sine die in the camouflage of its pendency as mere long pendency of the bail application would not serve any purpose.
In view of the above, the instant bail application is rejected for non-prosecution.
Order Date :- 11.4.2023 Ishrat
Digitally signed by :- MOHAMMAD ISHRAT High Court of Judicature at Allahabad
2 issues framed by the court
Whether the bail application filed under Section 439 Cr.P.C. should be allowed given the non-appearance and lack of prosecution of the applicant.
Whether prolonged pendency of a bail application without respondent serving warrants or applicant appearing justifies its rejection.
1 provisions across 1 enactments
Anil
State Of U.P.
Sanjay Kumar Singh
Mohammad Ishrat
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
