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Allahabad High Court

SONU KUMARversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The bail application was dismissed as infructuous because the accused had already been acquitted.

Summary

The applicant, Sonu Kumar, filed a second bail application in a criminal case (Crime No.475 of 2022) involving charges under Sections 363 and 376(3) of the IPC and Sections 5 and 6 of the POCSO Act. The applicant was not present when the application was listed, while the State’s counsel appeared. The court noted that the trial had already concluded and the applicant had been acquitted on 16 July 2024. Since the applicant was already cleared of the charges, the bail application was deemed unnecessary. Consequently, the court dismissed the bail application as infructuous.

Issues considered

  • Whether a bail application can be entertained when the accused has already been acquitted.

Legislation cited

Subjects

  • bail
  • acquittal
  • criminal procedure
  • IPC
  • POCSO
  • trial concluded

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                             CRIMINAL MISC. BAIL APPLICATION No. - 41616 of 2023

                                    Sonu Kumar
                                                                                                 .....Applicant(s)
                                                                       Versus

                                    State Of U.P. And 3 Others
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)                    :   Vidit Narayan Mishra
                                    Counsel for Opposite Party(s)               :   G.A.

                                    Court No. - 67
                                                          HON'BLE SAMEER JAIN, J.

                                    1. This is second bail application filed on behalf of the applicant.

                                    2. None is present on behalf of the applicant even in the revised call.
                                    However, Dr. S.B.Maurya, learned AGA-I, for the State, is present.

                                    3. The instant bail application has been filed on behalf of the applicant
                                    with the prayer to release him on bail in Case Crime No.475 of 2022,
                                    under Sections 363, 376 (3) IPC and Section 5/6 POCSO Act, Police
                                    Station Sector-20, Noida, District Gautam Budh Nagar during pendency
                                    of the trial.

                                    4. Considering the report of court concerned it reflects that trial of the
                                    has already been concluded and applicant has already been acquitted on
                                    16.7.2024 and, therefore, it appears that instant bail application has
                                    become infuctuous.

                                    5. In view of the above, the instant bail application stands dismissed as
                                    infructuous.




                                                                                                (Sameer Jain,J.)
                                    March 18, 2026
                                    SKM




Digitally signed by :-
SHRAVANA KUMAR MISHRA
High Court of Judicature at Allahabad


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