MANMOHANversusSTATE OF U.P. AND 3 OTHERS

             HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. BAIL APPLICATION No. - 17108 of 2025

Manmohan
                                                               .....Applicant(s)
                                    Versus

State Of U.P. And 3 Others
                                                                  .....Opposite
                                                                        Party(s)

Counsel for Applicant(s)                      :   Sunil Kumar Yadav
Counsel for Opposite Party(s)                 :   G.A.

Court No. - 65
(Sl. No. 81 out of 259)

                          HON'BLE KRISHAN PAHAL, J.

1. List has been revised. None is present on behalf of the applicant. Learned
State Law Officer, Sri J.K. Chaurasia, is present.

2. Applicant seeks bail in Case Crime No. 180 of 2024, under Sections 64,
127(2), 351(2) BNS, 3/4(2) POCSO Act, Police Station Fariha, District
Firozabad, during the pendency of trial.

3. The instant bail application was filed on 16.5.2025 and none was present
on behalf of the applicant to press it on 1.4.2026 and so is the case today.

4. It is observed by this Court that advocates are not appearing in majority of
listed cases that too on multiple dates. Non-appearance of the counsel for the
applicant amounts to professional misconduct. It also tantamount to bench
hunting or forum shopping.

5. The Supreme Court in Ishwarlal Mali Rathod v. Gopal, (2021) 12 SCC
612 has categorically held that courts shall not grant the adjournments in
routine manner and mechanically and shall not be a party to cause for delay
in dispensing the justice. It was also opined that the courts have to be
diligent and take timely action in order to usher in efficient justice
dispensation system and maintain faith in rule of law.

6. Mere pendency of the bail application cannot accrue any right in favour of
the applicant. It cannot be allowed to swing years together in the cloak of
pendency. The applicant cannot be permitted to dilute the stream of justice
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by repeatedly remaining absent from judicial proceedings without any
reasonable explanation. Absence of any reason for non-appearance is blatant
abuse of process of law, even though the order is available on the website of
the High Court.

7. The resources of the Court which includes precious judicial time are
scarce and already stretched beyond elastic limits. Valuable Court time,
which is required to be engaged in adjudication of serious judicial action, is
wasted on frivolous and vexatious litigation which is misconceived and is an
abuse of the process of law. A judicial system has less than sufficient
resources to afford justice without unreasonable delay to those having
genuine grievances. Therefore, increasingly, the Courts have held that totally
unjustified use of judicial time must be curbed and the party so wasting
precious judicial resources, must be required to compensate not only the
adversary but also the judicial system itself.

8. A Division Bench of this Court in Ashwani Kumar Srivastava v. D. Sen
Gupta Chairman-Cum-Managing Director, New India Assurance Co. Ltd.,
Bombay, 2008 SCC OnLine All 723 has categorically expressed in para-22:

"22. ………… Learned Advocates being officers of the Court owe a duty not
only to the Court but to their clients also in getting the cases decided
expeditiously so as to achieve the objective of dispensation of justice. The
time of the Court is precious for the reason that it is public's time and must
be utilised for adjudicating matters which have substance and need to be
decided at the earliest. The arm of justice must reach the aggrieved person
dispensing justice speedily. If time of the Court is consumed, and that too, a
lion's share, by frivolous and bogus litigation, it is bound to take away the
time which could have been utilised for really needy litigants. The time has
come when the learned members of the Bar should rise to the occasion and
discourage frivolous and bogus litigation by telling their clients that they
would not be a party to such kind of litigation. Frivolous litigation only adds
burden on the Court and deprives real litigants from the shower of justice at
a time when he really needs it. Needless to say, it would be healthier for
institution in particular and public at large and this pious institution would
be able to achieve its constitutional obligation of dispensation of justice in
deserving cases with greater pace."
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                                                                     3


                                    9. The Supreme Court in the case of Lakshya Tawar vs. Central Bureau of
                                    Investigation [SLP (Crl.) No.5480 of 2025] has observed that in the matters
                                    of personal liberty, the High Courts are not expected to keep the matter
                                    pending for such a long time and do nothing, except for adjourning from
                                    time to time.

                                    10. It appears that the applicant has lost interest in pursuing the matter.
                                    Therefore, by the efflux of time, it seems to have been rendered infructuous.

                                    11. The instant case is the misuse of process of Court by the applicant.

                                    12. In view of the aforesaid facts and circumstances, this Court declines to
                                    entertain this bail application. The application is, accordingly, rejected.


                                                                                                (Krishan Pahal,J.)
                                    April 23, 2026
                                    Shalini




Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad