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Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42905 of 2023 Applicant :- Sarvesh Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shashi Shankar Shukla Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised. No one appears on behalf of the applicant to press this bail application. Sri Triveni Saran Rai, learned counsel for the State is present. 2. This is a third bail application. The first bail application on behalf of the applicant was dismissed as not pressed by coordinate Bench of this Court vide order dated 18.12.2018 in Criminal Misc. Bail Application No.47942 of 2018. Thereafter the second bail application of the applicant was rejected by this Court vide order dated 18.7.2023 passed in Criminal Misc. Bail Application No.15549 of 2019. 3. The records show that even previously on 10.2.2025, there was no representation from the side of the applicant to press this bail application. The said order reads as under:-
"1. List revised. 2. No one appears on behalf of the applicant to press this bail application. 3. Sri V.D. Ojha, learned counsel for the State is present. 4. Notice was issued to the first informant vide order dated 12.01.2024 by this Court. 5. As per office report dated 24.02.2024, notice has been served on the first informant personally. Despite service of notice, no one appears on behalf of the first informant. 6. Although, there is no representation on behalf of the applicant, even in the revised list, in the interest of justice, as a last opportunity, the matter is adjourned for today. 7. Let the matter be listed on 18.03.2025. 8. It is made clear that on the next date matter will not be adjourned as a matter of right."
4. Today again, despite the matter being taken up in the revised
list, there is no representation from the side of the applicant to press this bail application. 5. Since there is no representation from the side of the applicant, the present bail application is dismissed for want of prosecution. 6. Pending application (s), if any, shall stand disposed of. 7.
After this order was passed, Sri Shashi Shankar Shukla, learned counsel for the applicant makes a mention and submits that trial in the matter has concluded and the applicant has been acquitted of the charges levelled against him vide judgement and order dated 22.3.2024 passed by Addl. Sessions Judge/Special Judge, POCSO Act, Court No.1, Gorakhpur in Special Sessions Trial No.424 of 2018 (State Vs. Sarvesh Singh), photocopy of the said judgement has been produced before the Court which is taken on record. He prays that the present bail application be dismissed as infructuous and the order dismissing the bail application for want of prosecution be recalled. 8. Prayer is allowed. The order dismissing the present bail application for want of prosecution is hereby recalled. 9. Since the applicant has been acquitted, the present bail application is dismissed as infructuous. 10. Pending application (s), if any, shall stand disposed of. (Samit Gopal, J.) Order Date :- 20.5.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad