Allahabad High Court
MUKESH KUMARversusSTATE 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, Mukesh Kumar, filed a bail application in a criminal case (Crime No.202 of 2024) involving offences under various sections of the Indian Penal Code and the POCSO Act. The informant’s counsel informed the court that the trial had already concluded and the applicant had been convicted by the trial court on 16 September 2026. The High Court considered whether a bail application could be entertained after a conviction. Relying on the fact that the conviction rendered the bail petition moot, the Court dismissed the application as infructuous. No further relief was granted.
Issues considered
- Can bail be granted to an accused after a conviction has been recorded?
Legislation cited
- B.N.S. (relevant narcotic legislation)
- Indian Penal Code — s. 115(2), 127(2), 352, 65(2), 75
- Protection of Children from Sexual Offences Act, 2012 — s. 5M/6, 9M/10
Subjects
- bail
- conviction
- criminal procedure
- POCSO
- Indian Penal Code
- post‑conviction relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 45004 of 2024
Mukesh Kumar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ali Hasan, Amarnath Tripathi, Anurag
Dwivedi, Ashok Kumar Dwivedi, Asif
Hasan, Neelabh Srivastava
Counsel for Opposite Party(s) : G.A., Suraj Kumar Singh
Court No. - 64
HON'BLE VIVEK VARMA, J.
1. This application has been filed with the prayer to enlarge the applicant on
bail in Case Crime No.202 of 2024, under Sections 65(2), 75, 115(2),
127(2), 352 B.N.S. and Section 5M/6 and 9M/10 POCSO, Police Station-
Jaitpura, District - Varanasi.
2. At the outset, Sri Suraj Kumar Singh, counsel for the informant submits
that the trial of the present case has been concluded and the applicant has
been convicted by the trial court vide judgement and order dated 16.9.2026.
3. In view of the said fact, the present bail application stands dismissed as
infructuous.
4. Sri Neeraj Kumar Sharma, learned A.G.A. for the State is present.
September 24, 2026
Manish Kr
(Vivek Varma,J.)
Digitally signed by :-
MANISH KUMAR
High Court of Judicature at Allahabad
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