Allahabad High Court
SUMMERIversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
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
Checking your session…