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Allahabad High Court

ANGAD CHAMARversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The bail application was dismissed for want of prosecution.

Summary

The applicant, Angad Chamar, filed a second bail application in Criminal Case No. 03 of 2020, which involved offences under Sections 376D and 506 of the Indian Penal Code and Section 4 of the POCSO Act. The first bail application (No. 32712 of 2020) had been rejected by the Allahabad High Court on merit on 27 September 2022. No counsel appeared on behalf of the applicant for the second application, while the State was represented by the Additional Government Advocate. The Court examined the application and found that the prosecution had not progressed, leading to a conclusion of 'want of prosecution'. Consequently, the bail application was dismissed. The order was pronounced by Justice Jitendra Kumar Sinha on 18 March 2026.

Issues considered

  • Whether bail should be granted to the accused in view of the pending prosecution under Sections 376D, 506 IPC and Section 4 POCSO Act
  • Whether the prosecution is sufficiently active to warrant consideration of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 376D IPC
  • Section 506 IPC
  • POCSO Act
  • want of prosecution

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD

                                             CRIMINAL MISC. BAIL APPLICATION No. - 35962 of 2023

                                    Angad Chamar
                                                                                                      .....Applicant(s)
                                                                         Versus
                                    State Of U.P. And 3 Others
                                                                                                 .....Opposite Party(s)

                                    Counsel for Applicant(s)                           :    Raj Kumar Singh
                                    Counsel for Opposite Party(s)                      :    G.A.

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

                                    1. List has been revised. No one appeared on behalf of the applicant.
                                    However, Sri B.P. Singh, learned A.G.A. for the State is present.

                                    2. The bail application has been moved by the applicant to enlarge him on
                                    bail in Case Crime No. 03 of 2020 under Sections 376D, 506 I.P.C. and 4
                                    POCSO Act, Police Station Raipura, District Chitrakoot.

                                    3. This is the second bail application on behalf of the applicant. The first bail
                                    application No. 32712 of 2020 has been rejected by this Court on merit vide
                                    order dated 27.9.2022.

                                    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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