Allahabad High Court
DINESH @ GUDDAversusSTATE OF U.P.
- Decided
Holding
The court held that bail could not be granted as the prosecution had not been pursued, leading to dismissal of the application.
Summary
The applicant, Dinesh @ Gudda, filed a third criminal miscellaneous bail application before the Allahabad High Court. No counsel appeared on behalf of the applicant, while the Additional Government Advocate for the State was present. The court noted that the applicant's earlier two bail applications had already been dismissed by the same court. Considering the repeated refusals and the lack of prosecution, the court dismissed the current bail application. The dismissal was based on the principle that bail cannot be granted when the prosecution has not been pursued, resulting in a dismissal for want of prosecution.
Issues considered
- Whether bail should be granted in the third bail application filed by the applicant
- Whether the lack of prosecution (want of prosecution) justifies dismissal of the bail application
Subjects
- bail
- criminal procedure
- want of prosecution
- Allahabad High Court
- bail application dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32747 of 2023
Dinesh @ Gudda
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anand Pati Tiwari
Counsel for Opposite Party(s) : G.A., Sunil Kumar Yadav
Court No. - 72
HON'BLE JITENDRA KUMAR SINHA, J.
1. List has been revised. No one appears on behalf of the applicant to
press this bail application, however, learned AGA for the State is present.
2. This is the third bail application filed on behalf of the applicant.
However, his earlier two bail applications have been dismissed by this
Court.
3. Accordingly, the application is dismissed for want of prosecution.
(Jitendra Kumar Sinha,J.)
March 19, 2026
Rama Kant
Digitally signed by :-
RAMA KANT
High Court of Judicature at Allahabad
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