Allahabad High Court
VIKASversusSTATE OF U.P.
- Decided
- Bench
- VIVEK VARMA
Holding
The bail application was dismissed as infructuous because the applicant had already been convicted.
Summary
The applicant Vikas filed a bail application in Criminal Misc. Bail Application No. 45291 of 2024, seeking release on bail in Crime No. 409 of 2024, which involved charges under Sections 364-A, 302, 201, 147 and 120-B of the Indian Penal Code. The applicant's counsel, Kapil Tyagi, informed the court that the trial court had already convicted the applicant by an order dated 28 March 2026. The High Court noted that a bail application filed after a conviction is legally untenable. Consequently, the court held the application to be infructuous. The bail application was therefore dismissed.
Issues considered
- Whether a bail application can be entertained after the applicant has been convicted by the trial court
Legislation cited
- Indian Penal Code — s. 120-B, 147, 201, 302, 364-A
Subjects
- bail
- conviction
- criminal procedure
- IPC
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 45291 of 2024
Vikas
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : G.A., Kapil Tyagi
Counsel for Opposite Party(s) : Vikash Chandra Tiwari
Court No. - 64
HON'BLE VIVEK VARMA, J.
The present bail application has been filed with a prayer to enlarge the
applicant on bail in Case Crime No. 409 of 2024, under Sections 364-A,
302, 201, 147, 120-B IPC, Police Station Nandgram, District Ghaziabad
during the pendency of trial.
At the outset, Sri Kapil Tyagi, learned counsel for the applicant submits that
the applicant has been convicted by the trial court vide order dated
28.03.2026. The present application has been rendered infructuous.
Accordingly, the application is dismissed as infructuous.
(Vivek Varma,J.)
May 14, 2026
Lbm/-
Digitally signed by :-
LAL BAHADUR MAURYA
High Court of Judicature at Allahabad
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