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2025 DAILYLAW 61954 (ALL)

VIRENDRA PASI v. STATE OF U.P.

BAIL/50400/2023 · 2025-08-13

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:139585 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50400 of 2023 Applicant :- Virendra Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Rama Pati Tripathi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Sri Sunil Kumar, learned A.G.A is present. 2. No one is present on behalf of the applicant to press the bail application even in the revised call. 3. A perusal of the record shows that the applicant was granted interim bail for three months by co-ordinate Bench of this Court vide order dated 02.12.2023. Subsequent to it, case was adjourned on the illness slip or on the prayer of learned counsel for the applicant several times and subsequent to it, counsel for the applicant was not present on 20.09.2024 and so was the case on 08.07.2025 and 16.07.2025. 4. It is observed by this Court that advocates are not appearing in majority of listed cases that too on multiple dates. Non-appearance of the counsel for the applicant amounts to professional misconduct. It also tantamount to bench hunting or forum shopping. 5. The Supreme Court in Ishwarlal Mali Rathod v. Gopal, (2021) 12 SCC 612 has categorically held that courts shall not grant the adjournments in routine manner and mechanically and shall not be a party to cause for delay in dispensing the justice. It was also opined that the courts have to be diligent and take timely action in order to usher in efficient justice dispensation system and maintain faith in rule of law. 6. Mere pendency of the bail application cannot accrue any right in favour of the applicant. It cannot be allowed to swing years together in the cloak of pendency. The applicant cannot be permitted to dilute the stream of justice by repeatedly remaining absent from judicial proceedings without any reasonable explanation. Absence of any reason for non-appearance is blatant abuse of process of law, even though the order is available on the website of the High Court. 7. The resources of the Court which includes precious judicial time are scarce and already stretched beyond elastic limits. Valuable Court time, which is required to be engaged in adjudication of serious judicial action, is wasted on frivolous and vexatious litigation which is misconceived and is an abuse of the process of law. A judicial system has less than sufficient resources to afford justice without unreasonable delay to those having genuine grievances. Therefore, increasingly, the Courts have held that totally unjustified use of judicial time must be curbed and the party so wasting precious judicial resources, must be required to compensate not only the adversary but also the judicial system itself. 8. A Division Bench of this Court in Ashwani Kumar Srivastava v. D. Sen Gupta Chairman-Cum-Managing Director, New India Assurance Co. Ltd., Bombay, 2008 SCC OnLine All 723 has categorically expressed in para-22: "22. ………… Learned Advocates being officers of the Court owe a duty not only to the Court but to their clients also in getting the cases decided expeditiously so as to achieve the objective of dispensation of justice. The time of the Court is precious for the reason that it is public's time and must be utilised for adjudicating matters which have substance and need to be decided at the earliest. The arm of justice must reach the aggrieved person dispensing justice speedily. If time of the Court is consumed, and that too, a lion's share, by frivolous and bogus litigation, it is bound to take away the time which could have been utilised for really needy litigants. The time has come when the learned members of the Bar should rise to the occasion and discourage frivolous and bogus litigation by telling their clients that they would not be a party to such kind of litigation. Frivolous litigation only adds burden on the Court and deprives real litigants from the shower of justice at a time when he really needs it. Needless to say, it would be healthier for institution in particular and public at large and this pious institution would be able to achieve its constitutional obligation of dispensation of justice in deserving cases with greater pace." 9. It appears that the applicant has lost interest in pursuing the matter. 10. This Court has called for the status of trial from the concerned court. As per the said status report dated 05.08.2025, no witness has been examined to date. 11. The instant case is the misuse of process of Court by the applicant. 12. In view of the aforesaid facts and circumstances, this Court declines to entertain this bail application. The application is, accordingly, dismissed for want of prosecution. 13. The applicant shall surrender before the Court concerned within a period of one week. 14. The Registrar (Compliance) is directed to communicate this order to the concerned Court/authority for necessary information and compliance, forthwith. Order Date :- 14.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad