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Allahabad High Court

PHOTU @ ASLAMversusSTATE OF U.P.

Decided

Holding

The bail application was dismissed as infructuous because the applicant had already been convicted.

Summary

The applicant filed a bail application in a criminal case (Crime No. 139 of 2025) under Section 103(1) of the Code of Criminal Procedure and Sections 4 and 25 of the Arms Act, seeking release during the trial. The counsel for the applicant argued that the bail application had become infructuous because the trial court had already convicted the applicant. The Assistant Government Advocate raised no objection to this submission. The court considered the argument that a bail petition filed after conviction is ineffective. Consequently, the court dismissed the bail application as infructuous.

Issues considered

  • Can bail be granted under Section 103(1) CrPC after the accused has been convicted?

Legislation cited

Subjects

  • bail
  • conviction
  • infructuous application
  • Criminal Procedure
  • Arms Act

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                             CRIMINAL MISC. BAIL APPLICATION No. - 21730 of 2026

                                    Photu @ Aslam
                                                                                             .....Applicant(s)
                                                                     Versus

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

                                    Counsel for Applicant(s)      : Deepak Kumar Srivastava, Ganesh
                                                                    Shanker Srivastava
                                    Counsel for Opposite Party(s) : G.A.

                                    Court No. - 65
                                                         HON'BLE SAMEER JAIN, J.

                                    1. Sri Deepak Kumar Srivastava, learned counsel for the applicant and
                                    Dr. S.B.Maurya, learned AGA-I, for the State, are present.

                                    2. The instant bail application has been filed on behalf of the applicant
                                    with the prayer to release him on bail in Case Crime No. 139 of 2025, ,
                                    under Section 103(1) BNS and Section 4/25 Arms Act, Police Station
                                    Shohratgarh, District Siddharth Nagar during pendency of the trial.

                                    3. At the very outset, learned counsel for the applicant submits that the
                                    instant bail application has become infructuous as applicant has been
                                    convicted by the trial court and therefore, the instant bail application
                                    may be dismissed as infructuous.

                                    4. Learned AGA is having no objection.

                                    5. Considering the submissions made by learned counsel for the applicant,
                                    the instant bail application stands dismissed as infructuous.




                                                                                            (Sameer Jain,J.)
                                    October 1, 2026
                                    SKM




Digitally signed by :-
SHRAVANA KUMAR MISHRA
High Court of Judicature at Allahabad


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