Allahabad High Court
RAMA RAOversusSTATE OF U.P.
- Decided
Holding
An anticipatory bail application is untenable and must be dismissed when the applicant has already been convicted.
Summary
The applicant, Rama Rao, filed an anticipatory bail application (Criminal Misc. Bail Application No. 33649 of 2019) in connection with Crime No. 197 of 2017, wherein he was charged under Sections 302 and 201 of the Indian Penal Code. The applicant sought that, if arrested, he be released on bail. The learned Additional Government Advocate informed the court that the trial had already concluded and the applicant had been convicted. Since anticipatory bail is only available before a person is taken into custody, the application became moot. The court therefore dismissed the bail application as infructuous.
Issues considered
- Whether an anticipatory bail application can be entertained after the applicant has been convicted
Legislation cited
- Indian Penal Code — s. 201, 302
Subjects
- anticipatory bail
- conviction
- infructuous application
- Criminal Procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33649 of 2019
Rama Rao
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ved Byas Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE JITENDRA KUMAR SINHA, J.
1. List has been revised. No one appears on behalf of the applicant.
2. Shri Chandra Shekhar Saran, learned AGA for the State is present.
3. The present application has been moved seeking anticipatory bail in Case
Crime no.197 of 2017 under Sections 302, 201 of I.P.C., Police Station
Gola, District Gorakhpur, with the prayer that in the event of arrest,
applicant may be released on bail.
4. At the very outset, learned AGA submits that as per his instructions, trial
has concluded and the applicant has been convicted.
5. In view of the above, the application has become infructuous.
6. Accordingly, the application is dismissed as having become infructuous.
March 19, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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