Allahabad High Court
FARAZ KHANversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The bail application was dismissed as infructuous because the trial had already ended and the applicant was acquitted.
Summary
Faraz Khan filed a bail application (Criminal Misc. Bail Application No. 31421 of 2025) in Criminal Case No. 103 of 2025, which alleged offences under Sections 80(2) and 85 of the BNS, 2023 and Sections 3 and 4 of the D.P. Act. The trial of the case had already been concluded and the applicant had been acquitted. Counsel for the applicant submitted that, in view of the acquittal, the bail application had become infructuous. The State’s counsel raised no objection to this submission. The High Court accepted the argument and dismissed the bail application as infructuous. No further orders were made.
Issues considered
- Whether a bail application filed after the trial has concluded and the accused has been acquitted is maintainable?
Legislation cited
Subjects
- bail
- infructuous application
- acquittal
- criminal procedure
- section 80(2) BNS
- section 85 BNS
- section 3 D.P. Act
- section 4 D.P. Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31421 of 2025
Faraz Khan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Syed Riyaz Askari
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE SAMEER JAIN, J.
1. Sri Mohd. Hasan, Advocate holding brief of Sri Syed Riyaz Askari,
learned counsel for the applicant and Sri R.N. Srivastava, learned A.G.A. for
the State are present.
2. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No.103 of 2025, under Sections 80(2), 85 of BNS,
2023 and Section 3/4 of D.P. Act, Police Station Shahpur, District Muzaffar
Nagar, during pendency of the trial.
3. At the very outset, learned counsel appearing on behalf of the applicant
submits instant bail application has become infructuous, as trial of the case
has already been concluded and applicant has already been acquitted and
therefore, instant bail application may be dismissed as infructuous.
4. Learned A.G.A. has no objection.
5. In view of the submission made by learned counsel for the applicant,
instant bail application stands dismissed as infructuous.
March 19, 2026
Ashish/-
(Sameer Jain,J.)
Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad
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