Allahabad High Court
SANDEEPversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMEER JAIN
Holding
The bail cancellation application was dismissed for non-prosecution due to the applicant's absence.
Summary
The applicant filed a bail cancellation application seeking to set aside bail granted to the second accused in a criminal case (Crime No. 172 of 2025). No counsel appeared on behalf of the applicant to argue the application, while the State's Additional Government Advocate was present. The court noted the absence of representation for the applicant and held that the application could not be pursued. Consequently, the bail cancellation application was dismissed for non-prosecution. The decision underscores the procedural requirement of having a party or counsel present to press such applications.
Issues considered
- Whether a bail cancellation application can be entertained and decided when the applicant is not represented before the court
Subjects
- bail cancellation
- criminal procedure
- non-prosecution
- court procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 323
of 2026
Sandeep
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Divyanshi Joshi, Pushpa Joshi
Counsel for Opposite Party(s) : G.A.
Court No. - 65
HON'BLE SAMEER JAIN, J.
1. This is bail cancellation application filed on behalf of applicant.
2. Case called out in revised list. None is present on behalf of applicant to
press the instant bail cancellation application. Sri Imran Khan, learned AGA
for the State is present.
3. The instant bail cancellation application has been filed by the applicant
with a prayer to cancel the bail granted to opposite party no.2 in Case Crime
No. 172 of 2025, under Sections 103(1), 3(5) BNS, Police Station Badgaon,
District Saharanpur.
4. Considering the fact that none is present on behalf of applicant to press
the instant bail cancellation application, the instant application stands
dismissed for non prosecution.
October 1, 2026
AK Pandey
(Sameer Jain,J.)
Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad
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