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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

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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