The High Court rejected a bail application under Section 439 Cr.P.C. for non-prosecution, noting the absence of the applicant's counsel when the matter was taken up.
Bail application rejected for non-prosecution due to non-appearance of counsel.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5314 of 2022
Applicant :- Bachoo Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Srivastava 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. 358 of 2018, under Sections 302 and 506 IPC, police station Surir, district Mathura.
The matter is pending since February, 2022. Perusal of order sheet shows that previously on 09.2.2023 when the case was taken up, no one 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 to press this application.
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
1 issue framed by the court
Whether the bail application should be allowed despite the non-appearance of the applicant's counsel.
1 provisions across 1 enactments
Bachoo Singh
Sanjay Kumar Singh
Mohammad Ishrat
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
