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Allahabad High Court

VINOD BHARTIversusSTATE OF U.P.

Decided

Holding

A bail application is infructuous and cannot be entertained after the accused has been convicted.

Summary

The applicant, Vinod Bharti, filed a criminal miscellaneous bail application (No. 4210 of 2025) before the Allahabad High Court. The matter was listed for a status of trial on 9 July 2026, and a report dated 25 July 2026 indicated that the applicant had already been convicted in the case. Because the conviction had been recorded, the bail application could no longer be entertained. The court, presided over by Justice Avnish Saxena, held that a bail application is infructuous when the accused is already convicted. Consequently, the bail application was dismissed. The order was pronounced on 23 September 2026.

Issues considered

  • Can bail be granted to an accused who has already been convicted in the same case?

Subjects

  • bail
  • conviction
  • criminal procedure
  • High Court
  • infructuous bail application

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CRIMINAL MISC. BAIL APPLICATION No. - 4210 of 2025

                                    Vinod Bharti
                                                                                                .....Applicant(s)
                                                                       Versus

                                    State of U.P.
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Rajendra Kumar Pandey, Smt. Kirti
                                                                    Pandey
                                    Counsel for Opposite Party(s) : G.A.

                                    Court No. - 69
                                                        HON'BLE AVNISH SAXENA, J.

                                    1. Sri Rajendra Kumar Pandey, learned counsel for applicant and learned
                                    AGA for State, are present.

                                    2. On 09.07.2026, this Court has called for status of trial. The report dated
                                    25.07.2026 reveals that the accused applicant has been convicted in the
                                    present case, rendering the bail application infructuous.

                                    3. Accordingly, the bail application is dismissed as infructuous.



                                                                                            (Avnish Saxena,J.)
                                    September 23, 2026
                                    Sharad/-




Digitally signed by :-
SHARAD KUMAR SRIVASTAVA
High Court of Judicature at Allahabad


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