Allahabad High Court
ANKIT @ SARVESHversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The bail application was dismissed for want of prosecution.
Summary
The applicant, Ankit @ Sarvesh, filed a second criminal bail application (No. 36546 of 2023) 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 this was the second bail application, the first having been dismissed on its merits. The bench held that the application could not be entertained as there was no prosecution proceeding against the applicant. Consequently, the bail application was dismissed for want of prosecution.
Issues considered
- What is the appropriate basis for dismissing a second bail application when the first has been rejected on merit?
- Whether a bail application can be entertained in the absence of any representation by the applicant’s counsel?
Subjects
- bail
- criminal procedure
- second application
- prosecution
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 36546 of 2023
Ankit @ Sarvesh
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Lalji Yadav, Yashpal Yadav
Counsel for Opposite Party(s) : G.A., R.S. Maurya
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 second bail application filed on behalf of the applicant.
However, his first bail application had been dismissed on merit.
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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