Allahabad High Court
KHADAK SINGH @ ARJUNversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- VIVEK VARMA
Holding
The bail application was dismissed as infructuous because the applicant had already been convicted.
Summary
The applicant, Khadak Singh, filed a bail application in a criminal case (Crime No. 140 of 2024) alleging offences under several IPC sections, the B.N.S Act and the POCSO Act. The Special Judge (POCSO) had already concluded the trial and delivered a conviction on 30 September 2025. The State's brief holder and the informant's counsel confirmed the conviction. The High Court noted that the bail application was filed after the judgment and therefore was moot. Consequently, the court dismissed the bail application as infructuous.
Issues considered
- Whether a bail application can be entertained after the accused has been convicted.
- Whether the bail application is maintainable in view of the final judgment.
Legislation cited
- B.N.S. Act — s. 108
- Indian Penal Code — s. 323, 354, 376, 452, 504, 506
- POCSO Act — s. 3, 4
Subjects
- bail
- conviction
- criminal procedure
- POCSO
- IPC
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 43319 of 2024
Khadak Singh @ Arjun
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rakesh Kumar Mishra, Vinod Singh
Counsel for Opposite Party(s) : Abdul Majid, G.A.
Court No. - 64
HON'BLE VIVEK VARMA, J.
Case called out. No one appears on behalf of the applicant to press this
application.
Heard Sri Anupam Anand, learned Brief Holder for the State, and Sri Abdul
Majid, learned counsel for the informant.
The present bail application has been filed with the prayer to enlarge the
applicant- Khadak Singh @ Arjun on bail in Case Crime No. 140 of 2024,
under Sections 323, 354, 452, 376, 504, 506 I.P.C., 108B B.N.S, 2023 and
3/4 POCSO Act, Police Station Kemari, District Rampur during pendency of
the trial.
In compliance with the direction of this Court, the Special Judge (POCSO
Act), Rampur has sent his report dated 26.03.2026, according to which the
trial in the aforesaid case has been decided vide judgment and order dated
30.09.2025.
Mr. Abdul Majid, learned counsel for the informant, also submits that the
trial has been concluded and the applicant has been convicted vide order
dated 30.09.2025.
In view of the said fact, the present bail application stands dismissed as
infructuous.
May 15, 2026
SKT/-
(Vivek Varma,J.)
Digitally signed by :-
SHIVA KANT TIWARI
High Court of Judicature at Allahabad
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