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
- Indian Penal Code — s. 34, 363, 366-A, 370, 372, 376-D
- Juvenile Justice (Care and Protection of Children) Act — s. 75
- Moral Traffic (Prevention) Act — s. 3, 4, 5, 6
- Protection of Children from Sexual Offences Act — s. 5, 6
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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