Afsar v. State of U.P.
Case brief
What is this about?
The court rejected the second bail application for non-prosecution due to the non-appearance of the applicant's counsel, emphasizing that long pendency without active pursuit serves no purpose.
What did the court decide?
Bail application rejected for non-prosecution.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27454 of 2022
Applicant :- Afsar Opposite Party :- State of U.P. Counsel for Applicant :- Anvir Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
The instant second 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. 135 of 2013, under Sections 147, 148, 149, 364, 302, 201 IPC and 3(2)(5) of SC/ST Act, police station Pakbada, district Moradabad. The first bail application was rejected by this Court on 16.3.2018 in Criminal Misc. Bail Application No. 44323 of 2014.
The matter is pending since September, 2022. Perusal of order sheet shows that on 16.8.2022 and 05.1.2023 when this case was taken up, none appeared on behalf of the applicant to address the Court. Today, also when the case is taken up, learned counsel for the applicant is not present.
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.
Issues for consideration
1 issue framed by the court
Whether to allow bail in a case involving multiple charges including murder and under the SC/ST Act.
Parties & counsel
- applicant
Afsar
Coram
Sanjay Kumar Singh
Mohammad Ishrat
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/27454/2022
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