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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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