Court No.

- 11

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7872

of 2020

Applicant :- Alok Kumar Pathak @ Sipahi

Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Prabhat Kumar Upadhyay
Counsel for Opposite Party :- G.A.

Hon'ble Rajesh Singh Chauhan,J.

Heard learned counsel for the applicant and the learned

Additional Government Advocate for the State.

This Court has passed the order dated 24.06.2021, which reads
as under:-

"Heard learned counsel for the applicant and learned AGA

through video conferencing.

As per the office report dated 16.12.2020 the notice has already
been served on opposite party no. 2 on 2.11.2020, however,
none has put in appearance.

Learned counsel for the applicant has pressed the bail

application by submitting that the present applicant is in jail
since 17.2.2020.

List again in the week commencing 19.7.2021.

It is made clear that if none puts in appearance on behalf of

opposite party no. 2 on the next date, the bail application may
be heard and decided on the basis of material available on
record and the arguments advanced by learned counsel for the
parties."

After the aforesaid dates, this case has been listed couple of
times but no one has appeared on behalf of opposite party No.2,
therefore, it appears that opposite party No.2 is not willing to
appear and contest the case.

This is a case relating to various sections including Section 376-

DB, POCSO and SC/ST Act, therefore as a last opportunity to
the victim the next date is fixed for 11.05.2022 to enable the
Station House Officer Police Station-Kotwali Ayodhya,
District-Ayodhya/ Faizabad to apprise the opposite party No.2
about the date fixed. The intimation shall be given at the
address of opposite party No.2 indicated in the bail application,
 which is as under:-

"Shri Ram Milan S/o Shri Ram Das, R/o Bag Vijeshi, Police
Station-Kotwali Ayodhya, District-Ayodhya/ Faizabad."

If no one puts appearance on behalf of opposite part No.2 on

the next date then it shall be presumed that the opposite party
No.2 is not willing to appear and contest this case and the bail
application may be heard and decided finally on the basis of
material available on record and the arguments so advanced by
learned counsel for the parties.

Learned Additional Government Advocate shall intimate this

order to the Station House Officer Police Station-Kotwali
Ayodhya, District-Ayodhya/ Faizabad through e-mail or any
other mode for its compliance and the Station House Officer
concerned shall apprise accordingly the learned Additional
Government Advocate that he has intimated this order to the
opposite party No.2.

Order Date :- 27.4.2022 [Rajesh Singh Chauhan,J.]

Suresh/

Digitally signed by SURESH

CHANDRA
Date: 2022.04.28 12:30:57 IST
Reason:
Location: High Court of Judicature at
Allahabad, Lucknow Bench