Allahabad High Court
SHAILENDRA SINGH @ SAINEEversusSTATE OF U.P.
- Decided
Holding
The court held that the anticipatory bail application must be dismissed as the applicant had already been denied bail twice and no further merit existed to entertain the request.
Summary
The applicant, Shailendra Singh, sought anticipatory bail in a criminal case (Crime No. 192 of 2017) involving alleged offences under Section 376 of the Indian Penal Code and Sections 3 and 4 of the POCSO Act. This was the third bail application filed by the applicant, after two earlier applications had been rejected by the same court on merits. No counsel appeared for the applicant, while the State was represented by the learned Additional Government Advocate. The court noted that the applicant had already been denied bail twice and found no justification to entertain a further application. Consequently, the court dismissed the anticipatory bail application for want of prosecution.
Issues considered
- Whether the applicant is entitled to anticipatory bail under Section 376 IPC and Sections 3/4 POCSO Act despite previous bail rejections
Legislation cited
- Indian Penal Code — s. 376
- Protection of Children from Sexual Offences (POCSO) Act — s. 3, 4
Subjects
- anticipatory bail
- sexual offences
- IPC 376
- POCSO Act
- high court bail application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15045 of 2021
Shailendra Singh @ Sainee
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Indra Jeet Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE JITENDRA KUMAR SINHA, J.
1. List has been revised. No one appears on behalf of the applicant.
2. Shri S.D. Shukla, learned AGA for the State is present.
3. The present application has been moved seeking anticipatory bail in Case
Crime no.192 of 2017, under Section 376 of I.P.C. and Section 3/4 of
POCSO Act, Police Station Gaurabadshahpur, District Jaunpur, with the
prayer that in the event of arrest, applicant may be released on bail.
4. This is the third bail application filed on behalf of the applicant, and his
previous two bail applications have already been rejected by this Court on
merits.
5. In view of the above, the application is dismissed for want of prosecution.
(Jitendra Kumar Sinha,J.)
March 19, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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