Allahabad High Court
SONU KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SAMEER JAIN
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
- Indian Penal Code — s. 363, 376(3)
- Protection of Children from Sexual Offences Act — s. 5, 6
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
Checking your session…