Created by Fuzzy Cloud

Allahabad High Court

SUMMERIversusSTATE OF U.P.

Decided

Holding

The bail application was dismissed as infructuous due to the death of the applicant.

Summary

The applicant filed a criminal miscellaneous bail application (No. 42906 of 2025) before the Allahabad High Court. During the pendency of the application, the applicant died, as informed by his counsel, Pradeep Kumar Srivastava. The court considered whether the bail application could continue after the death of the applicant. It held that the death rendered the application infructuous, as there was no longer a person to be released on bail. Consequently, the court dismissed the application as infructuous.

Issues considered

  • Whether a bail application can proceed when the applicant dies during its pendency

Subjects

  • bail
  • criminal procedure
  • death of applicant
  • infructuous
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                             CRIMINAL MISC. BAIL APPLICATION No. - 42906 of 2025

                                    Summeri
                                                                                               .....Applicant(s)
                                                                        Versus

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

                                    Counsel for Applicant(s)      : Pradeep Kumar Srivastava
                                    Counsel for Opposite Party(s) : G.A., Umair Mahmood, Vivek Pandey

                                    Court No. - 70
                                                     HON'BLE JAI PRAKASH TIWARI, J.

                                    Sri Pradeep Kumar Srivastava, learned counsel for the applicant states that
                                    the present application has become infructuous as during the pendency of the
                                    present application the applicant has died.

                                    In view of the statement so made, the appliation is dismissed as having
                                    become infructuous.



                                                                                       (Jai Prakash Tiwari,J.)
                                    May 5, 2026
                                    S.K.




Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.