Allahabad High Court
SANJU @ JHANDUversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
A second anticipatory bail application cannot be entertained after a prior application has been rejected on merits, and thus must be dismissed.
Summary
The applicant, Sanju @ Jhandu, filed a second anticipatory bail application in a case under IPC Section 376 and POCSO Sections 5 and 6, seeking release on bail if arrested. The first bail application had already been rejected by the same court on merits. No counsel appeared for the applicant, while the State's AGA was present. The court noted that this was a repeat application and, having already decided the matter, dismissed the application for want of prosecution. Consequently, the applicant was not granted anticipatory bail.
Issues considered
- Whether a second anticipatory bail application can be entertained after a prior application has been rejected on merits
Legislation cited
- Indian Penal Code — s. 376
- Protection of Children from Sexual Offences Act — s. 5, 6
Subjects
- anticipatory bail
- IPC 376
- POCSO
- bail application
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 55682 of 2019
Sanju @ Jhandu
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sunil Kumar Srivastava
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.389 of 2018, under Sections 376 of I.P.C. and Section 5/6
Protection of Children from the Sexual Offences, Police Station Allau,
District Mainpuri, with the prayer that in the event of arrest, applicant may
be released on bail.
4. This is the second bail application filed on behalf of the applicant, and
the first bail application has 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
Checking your session…