Allahabad High Court
ASHISH B EGVERTversusSTATE OF U.P.
- Decided
- Bench
- SAMIT GOPAL
Holding
The bail application was dismissed as infructuous because the trial had already concluded.
Summary
Ashish B Egvert filed a second criminal bail application (No. 24157 of 2024) in the Allahabad High Court seeking release on bail in a trial (Session Trial No. 780 of 2023) involving offences under sections 328, 376, 504, 507 IPC and section 67-A of the Income Tax Act. The first bail application had been dismissed earlier. The court noted that the trial had already concluded, rendering the bail application moot. Counsel for the applicant argued that the application was therefore infructuous. The court agreed and dismissed the bail application as infructuous.
Issues considered
- Whether a bail application can be entertained when the trial has already concluded
- Whether the bail application is infructuous and should be dismissed
Legislation cited
- Income Tax Act — s. 67-A
- Indian Penal Code — s. 328, 376, 504, 507
Subjects
- bail
- criminal procedure
- infructuous application
- trial concluded
- IPC
- Income Tax Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 24157 of 2024
Ashish B Egvert
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Digvijay Singh, Sudhir
Kumar Singh
Counsel for Opposite Party(s) : G.A., Siddharth Saran
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List has been revised.
2. This bail application has been filed by the applicant Ashish
B Egvert with the prayer to release him on bail in Session Trial
No. 780 of 2023, arising out of Case Crime No. 140 of 2023,
under sections 328, 376, 504, 507 IPC & under Section 67-A
I.T. Act, Police Station- Majhola, District Moradabad.
3. This is the second bail application. The first bail application
of the applicant being Criminal Misc. Bail Application No.
27026 of 2023 (Ashish B Egvert Vs. State of U.P.) was
dismissed by this Court vide order dated 21.09.2023.
4. Heard Sri Digvijay Singh, learned counsel for the applicant
and Sri Virendra Pratap Singh, learned AGA for the State and
perused the records.
5. Sri Siddharth Saran, learned counsel for the opposite party
no. 2 is not present.
6. Learned counsel for the applicant submits that the bail
application has become infructuous as the trial has concluded
and be dismissed as such.
BAIL No. 24157 of 2024
2
7. As prayed, dismissed as infructuous.
May 12, 2026
Nisha
(Samit Gopal,J.)
Digitally signed by :-
nisha kumari
High Court of Judicature at Allahabad
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