Allahabad High Court
PANKAJversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The bail application was dismissed as infructuous due to the applicant’s non‑appearance.
Summary
The applicant, Pankaj, filed a criminal miscellaneous bail application (No. 18506 of 2025) before the Allahabad High Court. The court issued notices and listed the matter, seeking the trial status, but the applicant failed to appear on the scheduled dates. The State’s Additional Government Advocate appeared and the trial was fixed for argument. On 17 August 2026 the court warned that further non‑appearance would render the application infructuous and set another hearing date. The applicant again did not appear, and on 23 September 2026 the court dismissed the bail application in default. The dismissal was based on the procedural principle that a bail application cannot proceed without the applicant’s presence.
Issues considered
- Whether a bail application can be entertained when the applicant fails to appear before the court
- Whether the application becomes infructuous and liable to dismissal on default
Subjects
- bail
- criminal procedure
- default
- non-appearance
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 18506 of 2025
Pankaj
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Ashutosh Shukla, Chandra Bhushan Tiwari,
Pankaj Sharma, Prashant Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. List revised.
2. None appeared for the applicant.
3. Learned A.G.A. for the State is present.
4. This Court in order dated 09.07.2026, called for the status of the trial from the trial
court.
5. The report dated 22.07.2026 reveals that the case is fixed for argument.
6. On 17.08.2026, this Court has passed the following order, which is reiterated
underneath:-
"1. List revised. None appeared for the applicant.
2. Learned AGA for the State is present.
3. If on the next date, none appeared for the applicant, it will be
considered that the application become infructuous and will be dismissed
accordingly.
4. List on 9.9.2026 at 02:00 pm."
7. As such, the bail application is accordingly, dismissed in default.
(Avnish Saxena,J.)
September 23, 2026
Shivangi
Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad
Checking your session…