Ayyub v. State of Up
Case brief
What is this about?
The Court rejected a bail cancellation application where the applicant failed to appear. Finding no evidence of bail misuse, the Court treated the delay and non-appearance as making the application infructuous and declined to entertain it.
What did the court decide?
The bail cancellation application was rejected and not entertained due to lack of cause and applicant's absence.
What the court decided
Neutral Citation No. - 2024:AHC:184985
Court No. - 65
Case :- CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 49 of 2024
Applicant :- Ayyub Opposite Party :- State of U.P. Counsel for Applicant :- Awdhesh Singh Counsel for Opposite Party :- Atul Kumar,G.A.
Hon'ble Krishan Pahal,J.
- List has been revised. No one is present on behalf of applicant to press the instant bail cancellation application. Learned counsel for opposite party no.2 and learned A.G.A. are present. Under the circumstances, I myself have perused the record.
- The present bail cancellation application has been filed to setaside the order dated 18.11.2023, passed by learned Additional District & Sessions Judge/Special Judge (POCSO Act), Muzaffar Nagar in Bail Application No.5147 of 2023, granting bail to opposite party no.2 with regard to Case Crime No.339 of 2023, under Sections 363, 366, 376 and 504 I.P.C. and 3/4 POCSO Act, Police Station- Shahpur, District- Muzaffar Nagar.
- The instant bail cancellation application was filed on 8.2.2024 and none was present on behalf of the applicant to press it on the previous date i.e. 20.9.2024 and so is the case today. The perusal of the order-sheet indicates that counsel for applicant has been absenting himself off and on.
Issues for consideration
2 issues framed by the court
Whether a bail cancellation application can be entertained when the applicant is absent and shows no interest in pursuing the matter.
Whether mere pendency of an application without cause creates a right or warrants cancellation of bail.
Parties & counsel
- applicant
Ayyub
Coram
Krishan Pahal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAILC/49/2024
All orders in this case
5 orders share this CNR
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