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Allahabad High Court

SACHIN @ YOGESHversusSTATE OF U.P.

Decided

Holding

The Court dismissed the anticipatory bail application as the applicant did not appear and the earlier bail request had already been denied.

Summary

The applicant, Sachin @ Yogesh, filed a second anticipatory bail application in a criminal case involving alleged offences under Sections 376 and 506 of the Indian Penal Code and Sections 5 and 6 of the POCSO Act. The first bail application had already been rejected by the same court. No counsel appeared on behalf of the applicant, while the State's learned Additional Government Advocate was present. The court noted the applicant's failure to appear and the prior rejection of the earlier bail plea. Consequently, the court dismissed the second bail application for want of prosecution.

Issues considered

  • Whether anticipatory bail can be granted when the applicant fails to appear before the court and a prior bail application has already been rejected

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • POCSO Act
  • criminal procedure
  • bail application

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                             CRIMINAL MISC. BAIL APPLICATION No. - 30660 of 2020

                                    Sachin @ Yogesh
                                                                                                   .....Applicant(s)
                                                                         Versus

                                    State of U.P.
                                                                                                       .....Opposite
                                                                                                             Party(s)

                                    Counsel for Applicant(s)                              :    Kapil Tyagi
                                    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 Ashish Kumar Tripathi, learned AGA for the State is present.

                                    3. The present application has been moved seeking anticipatory bail in Case
                                    Crime no.95 of 2019, under Sections 376, 506 of I.P.C. and Section 5/6 of
                                    POCSO Act, Police Station Jarcha, District Gautam Budh Nagar, with the
                                    prayer that in the event of arrest, applicant may be released on bail.

                                    4. This is the second bail application filed on behalf of the applicant, and
                                    the first bail application has 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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