Allahabad High Court
MANISHversusSTATE OF U.P.
- Decided
Holding
The bail application is dismissed due to the lack of prosecution.
Summary
The applicant, Manish, filed a second bail application (No. 38756 of 2023) seeking release on bail for offences under IPC sections 364, 302, 201 and 34 in Mahroni police station, Lalitpur. The first bail application (No. 36603 of 2022) had been rejected by the same court. No counsel appeared for the applicant, while the State's Additional Government Advocate was present. The court noted the lack of any prosecution proceeding and dismissed the second bail application. The dismissal was based on the absence of prosecution, not on merits of the charges. The order was pronounced by Justice Jitendra Kumar Sinha on 18 March 2026.
Issues considered
- What is the appropriate basis for granting or refusing bail in a second bail application when the first application was rejected?
- Whether the absence of prosecution proceedings justifies dismissal of the bail application.
Legislation cited
- Indian Penal Code — s. 201, 302, 34, 364
Subjects
- bail
- criminal procedure
- IPC
- second bail application
- prosecution absent
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 38756 of 2023
Manish
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Faheem Ahmad, Zafar Abbas
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 Chandra Shekhar, 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. 178 of 2021, u/s 364, 302, 201, 34
IPC, P.S. Mahroni, District Lalitpur.
3. This is the second bail application on behalf of the applicant. The first
bail application being No. 36603 of 2022 has been rejected by this Court
on merit vide order dated 8.12.2022.
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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