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Allahabad High Court

SHIV PRASADversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The bail cancellation application was dismissed for want of prosecution due to the applicant's absence.

Summary

Shiv Prasad filed a bail cancellation application (No. 470 of 2025) before the Allahabad High Court. The applicant's counsel, Nitish Shakya, did not appear to press the application. The State's counsel was present. The court noted the absence of any representative for the applicant and dismissed the application for want of prosecution. No substantive merits of the bail cancellation were considered. The dismissal was recorded on October 1, 2026.

Issues considered

  • What is the procedural consequence when an applicant's counsel fails to appear to prosecute a bail cancellation application?

Subjects

  • bail cancellation
  • criminal procedure
  • application dismissed
  • want of prosecution

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                        CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 470 of 2025

                                    Shiv Prasad
                                                                                              .....Applicant(s)
                                                                      Versus

                                    State of U.P. and Another
                                                                                                  .....Opposite
                                                                                                        Party(s)

                                    Counsel for Applicant(s)      : Nitish Shakya
                                    Counsel for Opposite Party(s) : G.A., Shashank         Mishra,    Shravan
                                                                    Kumar Mishra

                                    Court No. - 64
                                                         HON'BLE VIVEK VARMA, J.

                                    1. Case called out in the revised list. No one appears on behalf of the
                                    applicant to press the instant application.

                                    2. Accordingly, the application is dismissed for want of prosecution.

                                    3. Sri Anupam Anand, learned Brief Holder for the State is present.



                                                                                            (Vivek Varma,J.)
                                    October 1, 2026
                                    Vandana




Digitally signed by :-
VANDANA GAUTAM
High Court of Judicature at Allahabad


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