Allahabad High Court
ARJUNversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SAMIT GOPAL
Holding
The bail application was dismissed as infructuous because the trial had already concluded.
Summary
Arjun applied for bail in a criminal case involving offences under sections 363, 368, 376(d)(a), 506 of the IPC and sections 5(g)/6 of the POCSO Act. This was his second bail application; the first was dismissed in July 2021. Counsel argued that the trial had already concluded, rendering the bail application infructuous. The Court examined whether a bail application could be entertained after the conclusion of trial. Finding that the purpose of bail was no longer applicable, the Court dismissed the application as infructuous.
Issues considered
- Can a bail application be entertained after the trial has concluded?
- Is the bail application infructuous when the trial is over?
Legislation cited
- Indian Penal Code — s. 363, 368, 376(d)(a), 506
- Protection of Children from Sexual Offences Act — s. 5(g), 6
Subjects
- bail
- criminal procedure
- trial concluded
- infructuous
- IPC
- POCSO Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13041 of 2023
Arjun
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Syed Mohammad Abbas Abdy
Counsel for Opposite Party(s) : G.A.
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List has been revised.
2. This bail application has been filed by the applicant Arjun with the
prayer to release him on bail in Case Crime No. 1033 of 2020 (S.T. No.
1740 of 2020), under sections 363, 368, 376(d)(a), 506 IPC & section
5(g)/6 POCSO Act, Police Station- Kotwali Nagar, District Bulandshahr.
3. This is the second bail application. The first bail application of the
applicant being Criminal Misc. Bail Application No. 14516 of 2021
(Arjun Vs. State of U.P.) was dismissed by this Court vide order dated
26.07.2021.
4. Heard Sri Syed Mohammad Abbas Abdy, learned counsel for the
applicant and Sri V.D. Ojha, learned AGA for the State.
5. Learned counsel for the applicant submits that the bail application has
become infructuous as the trial has concluded and be dismissed as such.
6. As prayed, dismissed as infructuous.
(Samit Gopal,J.)
May 12, 2026
Nisha
Digitally signed by :-
nisha kumari
High Court of Judicature at Allahabad
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