Created by Fuzzy Cloud

Allahabad High Court

RINKU YADAVversusSTATE OF U.P.

Decided

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.