Allahabad High Court

KAKA@ HARSH CHAUHANversusState of U.P. AND ANOTHER

Decided: 22 February 2026
Bench: YOGESH DUBEY JOINT REGISTRAR JUDICIAL

Holding

The court held that in the absence of the applicant’s presence, the anticipatory bail application cannot be entertained and is dismissed.

Summary

The applicant Kaka@Harsh Chauhan filed an anticipatory bail application under Section 438 of the Criminal Procedure Code, 1973, seeking protection against arrest. The application was listed for fresh hearing on 23 May 2022. No counsel or the applicant appeared before the court on the scheduled date. The court noted the non‑appearance and treated the matter as a fresh application. On 4 May 2022, the court dismissed the anticipatory bail application, holding that the applicant’s absence precluded any further consideration.

Issues considered

Whether an anticipatory bail application under Section 438 CrPC can be entertained when the applicant fails to appear before the court.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438

Subjects

anticipatory bail
Section 438
Criminal Procedure Code
bail application
non-appearance

Judgment

                                        Court No. - 76

                                        Case :- CRIMINAL MISC ANTICIPATORY BAIL
                                        APPLICATION U/S 438 CR.P.C. No. - 14060 of 2021

                                        Applicant :- Kaka@ Harsh Chauhan
                                        Opposite Party :- State of U.P. and Another
                                        Counsel for Applicant :- Jai Singh Yadav,P.K. Singh
                                        Counsel for Opposite Party :- G.A.

                                        Hon'ble Ali Zamin,J.

                                        None appears for the applicant.

                                        Put up on 23.05.2022 as a fresh.

                                        Order Date :- 4.5.2022
                                        MAA/-




Digitally signed by MOHAMMAD
AZAD ANSARI
Date: 2022.05.07 10:07:57 IST
Reason:
Location: High Court of Judicature at
Allahabad

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