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Allahabad High Court

PANKAJversusSTATE OF U.P.

Decided

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


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