Allahabad High Court
USMANversusSTATE OF U.P.
- Decided
Holding
The bail application is dismissed for want of prosecution.
Summary
The applicant, Usman, sought bail for charges of murder, criminal conspiracy and criminal intimidation (IPC sections 302, 120‑B and 506) in a case registered as Crime No. 60 of 2019. This was the third bail application filed; the first two had been rejected by the same High Court. No counsel appeared for the applicant, while the State’s Additional Government Advocate was present. The Court examined whether there was any pending prosecution that would justify granting bail. Finding that the prosecution had not proceeded and noting the earlier rejections, the Court dismissed the bail application for want of prosecution. Consequently, the applicant remains in custody.
Issues considered
- What is the appropriate basis for granting or refusing bail in a case involving IPC sections 302, 120‑B and 506?
- Does the lack of active prosecution justify dismissal of the bail application?
Legislation cited
- Indian Penal Code — s. 120-B, 302, 506
Subjects
- bail
- criminal procedure
- IPC
- murder
- conspiracy
- criminal intimidation
- want of prosecution
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 38021 of 2023
Usman
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd. Naushad
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE JITENDRA KUMAR SINHA, J.
1. List has been revised. No one appeared on behalf of the applicant. However, Sri
B.P. Singh, learned A.G.A. for the State is present.
2. The instant bail application has been filed with a prayer to release the applicant on
bail in case crime No. 60 of 2019, u/s 302, 120-B, 506 IPC, P.S. Charthawal, District
Muzaffar Nagar.
3. This is the third bail application on behalf of the applicant. The first bail application
No. 36376 of 2020 was rejected by this Court on merit vide order dated 8.4.2021 and
the second bail application No. 31868 of 2021 was rejected on 10.2.2023.
4. In view of the above, this application is dismissed for want of prosecution.
(Jitendra Kumar Sinha,J.)
March 18, 2026
Vandana
Digitally signed by :-
VANDANA GAUTAM
High Court of Judicature at Allahabad
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