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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

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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