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Allahabad High Court

NAVEEN ALIAS GOLU ALIAS SHIVRAJversusSTATE OF U.P.

Decided

Holding

The bail application was dismissed because the applicant did not appear despite being given a final opportunity, constituting want of prosecution.

Summary

Naveen alias Golu alias Shivraj filed a criminal miscellaneous bail application (No. 26908 of 2025) before the Allahabad High Court. The court, on 15 July 2026, granted the applicant a last opportunity to press the bail application and scheduled a further hearing for 6 August 2026. The applicant failed to appear at the hearing, while the State’s Additional Government Advocate was present. The court held that the applicant’s non‑appearance amounted to want of prosecution. Consequently, the bail application was dismissed.

Issues considered

  • Can a bail application be entertained when the applicant fails to appear after being granted a last opportunity to press the application?
  • Is dismissal for want of prosecution appropriate under the criminal procedure when the applicant does not appear?

Subjects

  • bail
  • criminal procedure
  • non‑appearance
  • want of prosecution
  • last opportunity

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 CRIMINAL MISC. BAIL APPLICATION No. - 26908 of 2025

                                    Naveen Alias Golu Alias Shivraj
                                                                                                .....Applicant(s)
                                                                        Versus

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

                                    Counsel for Applicant(s)                     :   Raghvendra Tripathi
                                    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. On 15.07.2026, this Court has passed the following order, granting last
                                    opportunity to press the bail application.

                                               "1. List revised.
                                               2. None appeared on behalf of the applicant to press the
                                               application.
                                               3. Learned AGA for State is present.
                                               4. Last opportunity is granted to applicant to press the
                                               application.
                                               5. List on 06.08.2026."

                                    5. Hence, the bail application is dismissed for want of prosecution.



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




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

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