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Allahabad High Court

DHARMENDRAversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The bail application was dismissed as infructuous because the trial had already been decided.

Summary

The applicant, Dharmendra, filed a criminal miscellaneous bail application (No. 44434 of 2023) before the Allahabad High Court. No parties appeared before the court except the learned Additional Government Advocate for the State. The court examined the trial report dated 19 January 2026, which indicated that the trial before the Additional Sessions Judge/Special Judge (POCSO Act) in Fatehpur had already been concluded on 22 February 2024. Since the trial was completed, the bail application could no longer be entertained. Consequently, the court dismissed the bail application as infructuous.

Issues considered

  • What is the appropriate disposition of a bail application when the trial has already been concluded?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • POCSO Act
  • infructuous application
  • trial concluded

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                              CRIMINAL MISC. BAIL APPLICATION No. - 44434 of 2023

                                    Dharmendra
                                                                                                .....Applicant(s)
                                                                      Versus

                                    State Of U.P. And 3 Others
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)                   :   Sushil Kumar Dwivedi
                                    Counsel for Opposite Party(s)              :   Abhilasha Singh, G.A.

                                    Court No. - 72
                                                     HON'BLE JITENDRA KUMAR SINHA, J.

                                    1. List has been revised. No one appears either for the applicant or the
                                    first informant. However, Sri B.P. Singh, learned A.G.A. for the State, is
                                    present.

                                    2. On perusal of the report dated 19.1.2026, submitted by the learned Trial
                                    Court i.e. the court of Additional Sessions Judge/Special Judge (POCSO
                                    Act), Fatehpur, it appears that trial of the case has already been decided
                                    on 22.2.2024.

                                    3. In view of the above, this bail application has become infructuous.
                                    Accordingly, the application is dismissed as having become infructuous.



                                                                                     (Jitendra Kumar Sinha,J.)
                                    March 18, 2026
                                    Vandana




Digitally signed by :-
VANDANA GAUTAM
High Court of Judicature at Allahabad


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