Allahabad High Court
AMIT GANGWARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application was rejected as no new ground was raised to justify release.
Summary
Amit Gangwar applied for bail for the fourth time in a case registered as Crime No. 721 of 2024, involving charges under sections 64(2)(ड), 65(1), 69 of the BNS Act, sections 4(2), 5(L)/6 of the POCSO Act and section 66 of the I.T. Act. Earlier three bail applications had been rejected. The learned counsel for the applicant could not demonstrate any new ground for bail. The court, without commenting on the merits of the underlying offences, held that the application did not satisfy the criteria for bail and therefore denied it. The trial court was directed to dispose of the case expeditiously, and the order was communicated to the trial court for compliance.
Issues considered
- Whether the fourth bail application should be granted in the absence of any new ground.
- Whether the nature of the offences under BNS, POCSO and I.T. Acts precludes bail at this stage.
Legislation cited
Subjects
- bail
- criminal procedure
- repeat bail application
- POCSO Act
- IT Act
- expedited trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32346 of 2026
Amit Gangwar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 02 out of 98)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. This is the fourth bail application of the
applicant. First, second and third bail applications were rejected by this
Court vide orders dated 21.3.2025, 14.7.2025 & 7.5.2026 passed in
C.M.B.A. Nos. 4612 of 2025, 18430 of 2025 and 15564 of 2026,
respectively.
2. Heard Sri Amit Kumar Srivastava, learned counsel for the applicant as
well as Sri Ram Mohit Yadav, learned A.G.A. for the State and perused
the material placed on record.
3. Applicant seeks bail in Case Crime No. 721 of 2024, U/S 64(2)(ड),
65(1), 69 of BNS, 4(2), 5(L)/6 of POCSO Act and 66 of I.T. Act, Police
Station - Subhash Nagar, District - Bareilly, during the pendency of trial.
4. Since no new ground could be brought up by learned counsel for the
applicant, I do not find it a fit case for bail. Without expressing any
opinion on the merits of the case, this Court is not inclined to release the
applicant on bail.
5. The instant fourth bail application is, accordingly, rejected.
6. However, the Trial Court is directed to decide the aforesaid case
expeditiously, in accordance with law, if there is no legal impediment.
7. It is clarified that the observations made herein are limited to the facts
BAIL No. 32346 of 2026
2
brought in by the parties pertaining to the disposal of bail application and
the said observations shall have no bearing on the merits of the case
during trial.
8. The Registrar (Compliance) is directed to communicate this order to
the Trial Court concerned forthwith for necessary information and
compliance.
(Krishan Pahal,J.)
September 14, 2026
Siddhant
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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