The applicant, Ranjeet, sought bail under Section 439 Cr.P.C. in a murder case. The High Court dismissed the application for want of prosecution due to the applicant's persistent failure to appear and press the application in court on three separate occasions.
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Neutral Citation No. - 2023:AHC:100231
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9018 of 2022
Applicant :- Ranjeet Opposite Party :- State of U.P. Counsel for Applicant :- Bhanu Prakash Verma,Adarsh Verma Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
By means of this application under Section 439 of Cr.P.C., applicant-Ranjeet, who is involved in Case Crime No. 655 of 2021, under Sections 302 and 201 of I.P.C., Police Station-Highway, DistrictMathura, seeks enlargement on bail during the pendency of trial.
Perusal of order-sheet shows that matter is pending since April 2022.
Earlier on 18.04.2022, the matter was taken up, but none appeared on behalf of the applicant to press this bail application, thereafter, the case was again listed and taken up on 23.02.2023, but it was adjourned on the illness slip of Mr. Bhanu Prakash Verma, learned counsel for the applicant.
Today also, when case called out in revised list, none appears on behalf of the applicant to press this bail application, whereas learned A.G.A. for the State is present.
In view of the above, the instant bail application is dismissed for want of prosecution.
Order Date :- 9.5.2023 Kashifa
Digitally signed by :- KASHIFA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the bail application should be allowed given the applicant's persistent absence to press the application.
Whether the bail application should be dismissed for want of prosecution.
Whether bail can be granted during the pendency of trial under Section 439 Cr.P.C. when the applicant is absent.
3 provisions across 2 enactments
Ranjeet
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
