High Court dismissed a bail application seeking release under Section 439 Cr.P.C. due to lack of appearance by the applicant's counsel, rejecting it for non-prosecution after long pendency.
Bail application rejected for non-prosecution.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28941 of 2022
Applicant :- Rahul Pathak Opposite Party :- State of U.P. Counsel for Applicant :- Alok Sharma 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. 194 of 2020, under Sections 498-A, 304-B, 201 IPc and 3/4 of Dowry Prohibition Act, police station Jalalabad, district Shahjahanpur.
The matter is pending since November, 2022. Perusal of order sheet shows that on 17.11.2022, when the case was listed, it was adjourned at the request of learned counsel for the applicant. Today, also when the case is taken up, learned counsel for the applicant is not present.
Learned Additional Government Advocate is present.
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
1 issue framed by the court
Whether bail application be allowed in absence of applicant's counsel.
1 provisions across 1 enactments
Rahul Pathak
State of U.P.
Sanjay Kumar Singh
Mohammad Israt
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
