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Allahabad High Court

VIJENDRA SINGHversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The bail cancellation application was dismissed for non‑prosecution.

Summary

The applicant filed a bail cancellation application seeking to cancel the bail granted to the second opposite party, Beopal, in a criminal case involving multiple IPC offences. The application was pending since 2023. No counsel or parties appeared for either side when the matter was called, although the State's Additional Government Advocate, Shatrughan Yadav, was present. The court noted the absence of any party to press the application and consequently dismissed the bail cancellation application for non‑prosecution. The dismissal means the bail previously granted remains in force. The decision was pronounced by Justice Sameer Jain on 20 April 2026.

Issues considered

  • Bail cancellation can be entertained when no party appears to press the application?

Subjects

  • bail
  • bail cancellation
  • criminal procedure
  • non‑prosecution
  • dismissal

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                        CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 827 of 2023

                                    Vijendra Singh
                                                                                                            .....Applicant(s)
                                                                                Versus
                                    State of U.P. and Another
                                                                                                       .....Opposite Party(s)

                                    Counsel for Applicant(s)              :     Amar Singh Yadav, Krishna Pratap Yadav,
                                                                                Pankaj
                                    Counsel for Opposite Party(s)         :     G.A., Rajesh Kumar Yadav

                                    Court No. - 66
                                                                HON'BLE SAMEER JAIN, J.

                                    1. This is bail cancellation application.


                                    2. None is present either on behalf of the applicant or on behalf of the O.P. No. 2 even
                                    in the revised call. However, Sri Shatrughan Yadav, learned AGA for the State
                                    respondent are present.


                                    3. The instant bail cancellation application has been filed with a prayer to cancel the
                                    bail granted to the opposite party no. 2 namely Beopal in Case Crime No. 189 of
                                    2022, under Sections 147, 148, 149, 323, 324, 452, 304, 34 IPC, Police Station
                                    Rajpura, District Sambhal during pendency of the trial in the court below.


                                    4. As none is present to press the instant bail cancellation application which is pending
                                    since the year 2023, therefore, the instant bail cancellation application stands
                                    dismissed for non prosecution.

                                    April 20, 2026
                                    Ankita
                                                                                                          (Sameer Jain,J.)




Digitally signed by :-
ANKITA SRIVASTAVA
High Court of Judicature at Allahabad


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