Allahabad High Court
SANTOO @ SAJIDversusSTATE OF U.P.
- Decided
- Bench
- MUNIR
Holding
The bail application was dismissed as infructuous because the applicant had already been convicted and sentenced.
Summary
The applicant, Santoo alias Sajid, was convicted and sentenced by the Special Judge under the POCSO Act in Sessions Trial No. 164 of 2016. He filed a bail application (Criminal Misc. Bail Application No. 16679 of 2019) before the Allahabad High Court. The High Court noted that the Sessions Judge and the Senior Superintendent of Police had filed their reports as per the order dated 13.03.2026, though the police report was undated. The Court observed that the applicant had already been convicted, rendering the bail application moot. Consequently, the High Court dismissed the bail application as infructuous and directed communication of the order to the relevant authorities.
Issues considered
- Whether a bail application can be entertained after the accused has been convicted and sentenced under the POCSO Act
Legislation cited
Subjects
- bail
- conviction
- POCSO Act
- criminal procedure
- infructuous application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16679 of 2019
Santoo @ Sajid
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Dharmendra Singhal, Dharmendra
Singhal(Senior Adv.), Shivendra Raj
Singhal
Counsel for Opposite Party(s) : G.A.
Court No. - 44
HON'BLE J.J. MUNIR, J.
1. In compliance with the order dated 13.03.2026, the learned Sessions
Judge, Aligarh and the Senior Superintendent of Police, Aligarh have
filed their respective reports. The report of the learned Sessions Judge is
dated 18.03.2026 whereas the report of the Senior Superintendent of
Police bears no date.
2. The Senior Superintendent of Police, Aligarh shall bear caution in
dating documents that he signs, else undated documents are of
questionable significance.
3. Nevertheless, the substance of the matter is that the learned Trial Judge,
that is to say, the Special Judge (POCSO Act) vide judgment and order
dated 25.07.2019 has convicted and sentenced the applicant, Santoo alias
Sajid in accordance with law in Sessions Trial No. 164 of 2016.
4. This then being the position, the present application for bail has
become infructuous. It is, accordingly, dismissed as infructuous.
5. Let this order be communicated to the learned District Judge, Aligarh
and through the learned Chief Judicial Magistrate, Aligarh to the Senior
Superintendent of Police, Aligarh by the Registrar (Compliance) within
48 hours.
(J.J. Munir,J.)
March 19, 2026
Prashant D.
Digitally signed by :-
PRASHANT DWIVEDI
High Court of Judicature at Allahabad
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