Allahabad High Court
PRABHAKAR MISHRAversusSTATE OF U.P.
- Decided
Holding
The court dismissed the anticipatory bail application as there was no prosecution to justify its grant.
Summary
The applicant, Prabhakar Mishra, filed an anticipatory bail application in a criminal case (Crime No. 160 of 2016) involving charges under Sections 498-A, 302, 201 of the Indian Penal Code and Sections 3 and 4 of the D.P. Act. This was the third bail application filed by the applicant, the earlier two having been rejected by the same court on merits. No counsel appeared for the applicant, while the State was represented by learned AGA S.D. Shukla. The court noted that the earlier applications had already been dismissed and that there was no active prosecution against the applicant. Consequently, the court dismissed the present anticipatory bail application for want of prosecution. The order was pronounced by Hon'ble Justice Jitendra Kumar Sinha on 19 March 2026.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under Sections 498-A, 302, 201 IPC and Sections 3/4 D.P. Act.
- Whether a third anticipatory bail application can be entertained after two prior applications were rejected on merits.
Legislation cited
- D.P. Act — s. 3, 4
- Indian Penal Code — s. 201, 302, 498-A
Subjects
- anticipatory bail
- Indian Penal Code
- Section 498-A
- Section 302
- Section 201
- D.P. Act
- high court
- bail application dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 28478 of 2020
Prabhakar Mishra
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Satyendra Narayan Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE JITENDRA KUMAR SINHA, J.
1. List has been revised. No one appears on behalf of the applicant.
2. Shri S.D. Shukla, learned AGA for the State is present.
3. The present application has been moved seeking anticipatory bail in Case
Crime no.160 of 2016, under Sections 498-A, 302, 201 of I.P.C. and Section
3/4 of D.P. Act, Police Station Kubersthan, District Kushi Nagar, with the
prayer that in the event of arrest, applicant may be released on bail.
4. This is the third bail application filed on behalf of the applicant, and his
previous two bail applications have already been rejected by this Court on
merits.
5. In view of the above, the application is dismissed for want of prosecution.
(Jitendra Kumar Sinha,J.)
March 19, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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