Allahabad High Court
AKHILESH KUMARversusSTATE OF U.P.
- Decided
Holding
The anticipatory bail application was dismissed as infructuous because the trial had concluded and the applicant was already convicted.
Summary
The applicant, Akhilesh Kumar, filed an anticipatory bail application in a criminal case (Crime No. 307 of 2017) involving charges under Section 376 of the IPC and Sections 3 and 4 of the POCSO Act. The applicant sought bail in the event of arrest. The learned Additional Government Advocate informed the court that the trial had already concluded and the applicant had been convicted. On this basis, the court held that the bail application was no longer viable. Consequently, the court dismissed the anticipatory bail application as infructuous.
Issues considered
- Whether an anticipatory bail application can be entertained after the trial has concluded and the applicant has been convicted?
Legislation cited
- Indian Penal Code — s. 376
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- anticipatory bail
- conviction
- criminal procedure
- POCSO Act
- IPC
- bail application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 41107 of 2019
Akhilesh Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Kumar Gaur
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.307 of 2017, under Sections 376 I.P.C. and Section 3/4 POCSO
Act, Police Station Bhongaon, District Mainpuri, 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.
(Jitendra Kumar Sinha,J.)
March 19, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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