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Allahabad High Court

KUNAL @ MONTIversusSTATE OF U.P.

Decided

Holding

The Court held that the anticipatory bail application must be dismissed as it is the third such application and no new material justifies granting bail.

Summary

The applicant, Kunal @ Monti, filed a third anticipatory bail application in a criminal case (Crime No. 458 of 2017) involving alleged offences under IPC sections 376 and 504 and POCSO Act sections 3 and 4. The application sought that, if arrested, the applicant be released on bail. The High Court noted that two earlier bail applications by the same applicant had already been rejected on merits. Considering the repeated refusals and the lack of any new material, the Court dismissed the present bail application, stating it was filed for want of prosecution. Consequently, the applicant remains liable to arrest and detention under the pending charges.

Issues considered

  • Whether the applicant is entitled to anticipatory bail under IPC sections 376, 504 and POCSO Act sections 3, 4.
  • Whether the repeated filing of bail applications warrants dismissal for want of prosecution.

Legislation cited

Subjects

  • anticipatory bail
  • sexual offences
  • IPC
  • POCSO
  • high court
  • bail application

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                             CRIMINAL MISC. BAIL APPLICATION No. - 51704 of 2019

                                    Kunal @ Monti
                                                                                                  .....Applicant(s)
                                                                        Versus

                                    State of U.P.
                                                                                                     .....Opposite
                                                                                                           Party(s)

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

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

                                    1. List has been revised. No one appears on behalf of the applicant.

                                    2. Shri S.D. Shukla, learned AGA for the State is present.

                                    3. The present application has been moved seeking anticipatory bail in Case
                                    Crime no.458 of 2017, under Sections 376, 504 of I.P.C. and Section 3/4
                                    Protection of Children from the Sexual Offences, Police Station Tundla,
                                    District Firozabad, with the prayer that in the event of arrest, applicant may
                                    be released on bail.

                                    4. This is the third bail application filed on behalf of the applicant, and his
                                    previous two bail applications have already been rejected by this Court on
                                    merits.

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



                                                                                     (Jitendra Kumar Sinha,J.)
                                    March 19, 2026
                                    RKM




Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad


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