Allahabad High Court
MOHD ARSHADversusState of U.P. AND 3 OTHERS
- Decided
- Disposal
- Dismissed on merits
- Bench
- NAND PRABHA SHUKLA
Holding
The anticipatory bail application is dismissed as infructuous.
Summary
The applicant, Mohd Arshad, filed an anticipatory bail application under Section 438 of the Criminal Procedure Code against the State of Uttar Pradesh and three others. The applicant’s counsel, Santosh Kumar Singh, later submitted that the application had become infructuous and should be dismissed. The learned Single Judge, Hon’ble Nand Prabha Shukla, considered the submission and the record. No substantive merits of the bail claim were examined because the application was deemed no longer operative. Consequently, the court dismissed the anticipatory bail application as infructuous.
Issues considered
- Whether an anticipatory bail application under Section 438 Cr.P.C. can be dismissed as infructuous.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- Section 438
- infructuous application
- Criminal Procedure Code
- bail jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C.
No. - 6459 of 2024
Mohd Arshad
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Santosh Kumar Singh
Counsel for Opposite Party(s) : Ajay Kumar Kashyap, G.A., Niharika
Dubey, Vishakha Dubey
Court No. - 76
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Sri Vishal Kumar Sonkar holding brief of Sri Santosh Kumar
Singh, learned counsel for the applicant, learned AGA for the State and
perused the record.
2. Learned counsel for the applicant submits that the instant application
has become infructuous, therefore, the same may be dismissed as
infructuous.
3. Accordingly, the Anticipatory Bail Application is dismissed as
infructuous.
(Nand Prabha Shukla,J.)
February 25, 2026
Puspendra
Digitally signed by :-
PUSPENDRA NARAYAN SINGH
High Court of Judicature at Allahabad
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