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Allahabad High Court

SANDEEP CHAUHANversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The bail application was dismissed for want of prosecution.

Summary

The applicant, Sandeep Chauhan, filed a second bail application in a criminal case (Crime No. 627 of 2021) involving offences under IPC sections 363, 366, 376, 120B and POCSO Act sections 3 and 4. The first bail application had been dismissed by the High Court on 16 February 2023. No counsel appeared for either party during the hearing, though the State's Additional Government Advocate was present. The Court dismissed the second bail application, citing a lack of prosecution (want of prosecution). Consequently, the applicant remains in custody pending further proceedings.

Issues considered

  • Whether bail should be granted to the applicant in the pending criminal case.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC
  • POCSO
  • want of prosecution

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD

                                             CRIMINAL MISC. BAIL APPLICATION No. - 33024 of 2023

                                    Sandeep Chauhan
                                                                                                      .....Applicant(s)
                                                                         Versus
                                    State Of U.P. And 3 Others
                                                                                                 .....Opposite Party(s)

                                    Counsel for Applicant(s)                       :    Abhinav Prasad
                                    Counsel for Opposite Party(s)                  :    G.A., Janardan Singh

                                    Court No. - 72
                                                       HON'BLE JITENDRA KUMAR SINHA, J.

                                    1. List has been revised. No one appeared either for the applicant or the first
                                    informant. However, Sri Ashish Kr. Tripathi, learned A.G.A. for the State is
                                    present.

                                    2. The present bail application has been filed on behalf of applicant in Case
                                    Crime No. 627 of 2021, under Sections 363, 366, 376 & 120 B of IPC and
                                    Section 3/4 of POCSO Act , Police Station Mohammadabad, District Mau
                                    with the prayer to enlarge the applicant on bail.

                                    3. This is the second bail application on behalf of the applicant. The first bail
                                    application being No. 17826 of 2022 has been dismissed by this Court on
                                    merit vide order dated 16.2.2023.

                                    4. In view of the above, this application is dismissed for want of
                                    prosecution.

                                    March 18, 2026
                                    Vandana
                                                                                          (Jitendra Kumar Sinha,J.)




Digitally signed by :-
VANDANA GAUTAM
High Court of Judicature at Allahabad


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