Allahabad High Court
RINKU YADAVversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The bail application was dismissed as infructuous because the applicant had died.
Summary
The applicant, Rinku Yadav, filed a bail application in a criminal case (Crime No.342 of 2025) involving several IPC sections and the Arms Act. While the application was pending, the applicant died in custody due to illness. Counsel for the applicant argued that the bail petition had become infructuous because the applicant was no longer alive. The State's counsel raised no objection to the submission. The court accepted the argument and dismissed the bail application as infructuous, noting that there was no longer any person to be released on bail.
Issues considered
- Whether a bail application can be dismissed as infructuous when the applicant dies while in custody
Legislation cited
- Arms Act — s. 25, 27, 3
- Indian Penal Code — s. 103(1), 190, 191(2), 191(3), 3(5)
Subjects
- bail
- infructuous
- death in custody
- criminal procedure
- high court
- Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33234 of 2026
Rinku Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ronak Chaturvedi
Counsel for Opposite Party(s) : G.A.
Court No. - 65
HON'BLE SAMEER JAIN, J.
1. Heard Sri Ronak Chaturvedi, learned counsel for the applicant and Sri
Shatruhan Yadav, learned AGA for the State.
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.342 of2025, under
Sections 191(2), 191(3), 190, 3(5), 103(1) BNS and Section 3/25/27 Arms
Act, Police Station Sipri Bazar, District Jhansi during pendency of the trial.
3. At the very outset, learned counsel for applicant submits, due to illness in
custody applicant expired today, therefore, instant bail application has
become infructuous and the same may be dismissed as infructuous.
4. Learned AGA is having no objection.
5. Considering the submissions made by learned counsel for applicant, the
instant bail application stands dismissed as infructuous.
September 18, 2026
AK Pandey
(Sameer Jain,J.)
Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad
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