Allahabad High Court
ANKU SHAKYAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The appeal is dismissed as infructuous.
Summary
The appellant Anku Shakya was charged under IPC sections 376(1) and 506, the POCSO Act sections 3 and 4, and the SC/ST (Prevention of Atrocities) Act sections 3(2)(5) and 14A(2). The Additional District & Sessions Judge denied bail in Bail Application No. 421 of 2017. The appellant filed a criminal appeal under Section 14A(2) of the SC/ST Act seeking to set aside that order and obtain bail. Counsel argued that the trial had already concluded, rendering the appeal moot. The High Court held that since the substantive trial was over, the appeal could not be entertained and dismissed it as infructuous. Consequently, the appeal was dismissed and any pending applications were disposed of.
Issues considered
- Whether an appeal under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act is maintainable after the trial has concluded
- Whether the appeal is infructuous and should be dismissed
Legislation cited
- Indian Penal Code — s. 376(1), 506
- Protection of Children from Sexual Offences Act, 2012 — s. 3, 4
- SC/ST (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(2)(5)
Subjects
- bail
- SC/ST Act
- appeal infructuous
- criminal procedure
- IPC
- POCSO
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 4317 of 2017
Anku Shakya
.....Appellant(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Appellant(s) : Dinesh Kumar Verma, Pankaj Kumar
Mishra
Counsel for Respondent(s) : G.A.
Court No. - 76
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Pankaj Kumar Mishra, learned counsel for the appellant and
Sri Ajay Singh, learned AGA-I for the State/O.P. No.1 and perused the
record.
3. This criminal appeal under Section 14A(2) of SC/ST (Prevention of
Atrocities) Act, 1989 has been filed by the appellant Anku Shakya with
the prayer to allow the appeal by setting aside the judgment and order
dated 12.05.2017 passed by learned Additional District & Session Judge,
Court No.7, Etawah in Bail Application No. 421 of 2017 (State Vs. Anku
Shakya) in Spl. Criminal Case No. 42 of 2017, arising out of Case Crime
No. 128 of 2017, under Sections 376(1), 506 IPC and Section 3/4 POCSO
Act, 2012 and Section 3(2)(5) of SC/ST Act, Police Station Basrehar,
District Etawah and with a further prayer to grant bail to the appellant in
the aforesaid case.
4. Learned counsel for the appellant submits that the trial in the present
matter has concluded and as such the present appeal become infructuous
and be dismissed as such.
5. Prayer is allowed.
6. The appeal is dismissed as infructuous.
7. Pending application(s), if any, stand disposed of.
(Samit Gopal,J.)
September 18, 2026
M. ARIF
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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