Allahabad High Court
SHOBHNATH @ SHOBHANversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- VIVEK VARMA
Holding
The bail application was dismissed as infructuous because the applicant had already been acquitted.
Summary
The applicant, Shobhnath, filed a bail application in a criminal case (Crime No. 239 of 2024) involving offences under Sections 352, 351(3), 64(2)(M) of the Indian Penal Code and Sections 5J(II)/6 of the POCSO Act. The applicant’s counsel argued that the trial court had already acquitted the applicant on 10 March 2026, rendering the bail request moot. The court examined whether a bail application could proceed after an acquittal. Finding that the acquittal nullified any need for bail, the court held the application to be infructuous. Consequently, the bail application was dismissed.
Issues considered
- What is the effect of an acquittal on a pending bail application?
Legislation cited
- Indian Penal Code — s. 351(3), 352, 64(2)(M)
- Protection of Children from Sexual Offences (POCSO) Act — s. 5J(II), 6
Subjects
- bail
- acquittal
- criminal procedure
- IPC
- POCSO Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 47231 of 2024
Shobhnath @ Shobhan
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 64
HON'BLE VIVEK VARMA, J.
1. The present bail application has been filed with the prayer to enlarge
the applicant on bail in Case Crime No. 239 of 2024, under Sections 352,
351(3), 64(2)(M) B.N.S. and 5J(II)/6 POCSO Act, Police Station
Chandwak, District Jaunpur during the pendency of the trial.
2. At the outset Sri Rajesh Kumar Singh, learned counsel for the
applicant, submits that the applicant has been acquitted by the trial Court
vide judgement and order dated 10.03.2026 and, therefore, the instant
application has been rendered infructuous.
3. Accordingly, the application is dismissed as infructuous.
4. Sri Neeraj Kumar Sharma, learned A.G.A., is present.
(Vivek Varma,J.)
May 15, 2026
SKT/-
Digitally signed by :-
SHIVA KANT TIWARI
High Court of Judicature at Allahabad
Checking your session…