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Allahabad High Court

ZAHID HUSAINversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The bail application was dismissed because the prosecution was not pursued and the applicant failed to appear, resulting in a denial of bail.

Summary

Zahid Husain, charged in Crime No. 430 of 2022 under multiple IPC sections, the POCSO Act, the Moral Traffic (Prevention) Act and the Juvenile Justice Act, applied for an enlargement of bail during the trial. This was his second bail application; the first one (No. 33343 of 2022) had been rejected by the same court. The applicant did not appear before the court, while the State was represented by an Additional Government Advocate. The High Court, after noting the earlier rejection and the absence of the applicant, dismissed the second bail application on the ground of want of prosecution. Consequently, the applicant remains in custody pending trial.

Issues considered

  • What is the appropriate ground for granting or refusing bail in a case involving multiple serious offences under the IPC, POCSO Act, Moral Traffic (Prevention) Act and Juvenile Justice Act?
  • Does the applicant's failure to appear before the court affect the bail application?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC
  • POCSO Act
  • Moral Traffic Prevention Act
  • Juvenile Justice Act
  • court dismissal

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                              CRIMINAL MISC. BAIL APPLICATION No. - 37270 of 2023

                                    Zahid Husain
                                                                                                            .....Applicant(s)
                                                                            Versus
                                    State Of U.P. And 3 Others
                                                                                                       .....Opposite Party(s)

                                    Counsel for Applicant(s)                         :   Farid Ahmad
                                    Counsel for Opposite Party(s)                    :   Amit Kumar Pandey, 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
                                    Chandra Shekhar Saran, learned A.G.A. for the State is present.

                                    2. By means of this application, applicant Zahid Husain, who is involved in Case
                                    Crime No. 430 of 2022, under Sections 363, 366-A, 370, 372, 376-D/34 IPC, Sections
                                    5/6 of POCSO Act, Sections 3/4/5/6 Im moral Traffic (Prevention) Act and Section 75
                                    Juvenile Justice Act, police station Majhola, district Moradabad, seeks enlargement on
                                    bail during the pendency of trial.

                                    3. This is the second bail application on behalf of the applicant. The first bail
                                    application No. 33343 of 2022 has been rejected by this Court on merit vide order
                                    dated 3.2.2023.

                                    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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