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Allahabad High Court

PRAHALAD SINGHversusSTATE OF U.P.

Decided
Disposal
Allowed/Partly Allowed on merits

Holding

The Court held that the applicant's failure to surrender and alleged absconding amounted to a breach of bail conditions, justifying the dismissal of the bail application.

Summary

The High Court considered the bail application of Prahalad Singh, who had been granted interim bail on 30 July 2025. The Court noted that despite a specific direction to appear before the Chief Judicial Magistrate by 28 August 2025, the applicant failed to surrender and his whereabouts became unknown after allegedly selling his house. An office report indicated that a non‑bailable warrant could not be executed due to his absconding. The Court concluded that the applicant misused the interim bail and violated its conditions. Consequently, the bail application was dismissed, and the matter was referred to the District Judge, Mathura for further directions.

Issues considered

  • Whether the interim bail granted to the accused can be revoked on account of his failure to appear before the Chief Judicial Magistrate and alleged absconding.

Subjects

  • interim bail
  • non‑appearance
  • absconding
  • bail conditions
  • criminal procedure
  • high court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 19555 of 2025

Prahalad Singh
                                                          .....Applicant(s)
                                   Versus

State of U.P.
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)          : Amit Daga, Devesh Kumar Sharma
Counsel for Opposite Party(s)     : Bindeshwari Prasad Mishra, 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. There is an illness slip from the side of informant.

5. Considering the order sheet, this Court is of the view to take up the
matter without postponing it.

6. The accused-applicant Prahalad Singh was granted interim bail by this
Court on 30.07.2025. Subsequently, the accused-applicant has not
produced himself in the Court of C.J.M. despite direction of this Court on
26.08.2025, wherein the applicant was directed to appear and surrender
before the Chief Judicial Magistrate, Magistrate on or before 28.08.2025.
There is specific office report that accused Prahalad Singh has sold his
house to Smt. Sarita Guatam and shifted elsewhere. His current
whereabouts are not known and therefore, non-bailable warrant issued
against him could not be executed. The entire order sheets shows that the
accused-applicant has misused his interim bail and despite, specific
direction of this Court, he has not surrendered before the Chief Judicial
Magistrate, Mathura and absconding arrest and hence, the bail application
be rejected.

7. Hence, the bail application is dismissed.
                                                                                         BAIL No. 19555 of 2025
                                                                  2


                                    8. Registrar Compliance may send the copy to the court of District Judge
                                    Mathura for placing it before the court concern for issuance of necessary
                                    direction.



                                                                                          (Avnish Saxena,J.)
                                    September 29, 2026
                                    Shivangi




Digitally signed by :-
SHIVANGI YADAV
High Court of Judicature at Allahabad


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