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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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