Allahabad High Court
TINKUversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The appeal was held to be infructuous because the appellant had already been released, and therefore it was dismissed.
Summary
The appellant Tinku filed a criminal appeal under Section 14A of the SC/ST (Prevention of Atrocities) Act, 1989, seeking to set aside a bail rejection order dated 19 May 2017 in a case involving charges of rape under Section 376 IPC, offences under the SC/ST Act and the POCSO Act. The appeal was filed before the Allahabad High Court after the trial court had concluded the trial. No counsel appeared on behalf of the appellant during the hearing. The State counsel informed the court that the appellant had already been released from custody on 7 April 2020, rendering the appeal moot. The court accepted this submission and held that the appeal was infructuous. Consequently, the court dismissed the appeal as infructuous and disposed of any pending applications.
Issues considered
- Whether the appeal under Section 14A of the SC/ST (Prevention of Atrocities) Act is maintainable when the appellant has already been released from custody
- Whether the bail rejection order can be set aside in view of the appellant's release
Legislation cited
Subjects
- SC/ST (Prevention of Atrocities) Act
- bail
- appeal
- infructuous
- criminal procedure
- POCSO Act
- IPC Section 376
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 5189 of 2017
Tinku
.....Appellant(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Appellant(s) : Ishwar Chandra Tyagi
Counsel for Respondent(s) : G.A.
Court No. - 76
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. No one appears on behalf of the appellant to press this appeal.
3. Heard Sri Ajay Singh, learned AGA-I for the State/O.P. No.1 and
perused the record.
4. This criminal appeal under Section 14A of SC/ST (Prevention of
Atrocities) Act, 1989 has been filed by the appellant Tinku with the
prayer to allow the appeal by setting aside the bail rejection order dated
19.05.2017 passed by learned Session Judge / Special Judge (POCSO
Act), Court No.7, Bijnor in Bail Application No. 798 of 2017, arising out
of Case Crime No. 63 of 2017, under Section 376 IPC and 3(2)(5A) of
SC/ST Act and 6 POCSO Act, Police Station Kotwali Dehat, District
Bijnor and with a further prayer to grant bail to the appellant in the
aforesaid case.
5. Learned counsel for the State submits that the trial in the present matter
has concluded and the appellant has been released from jail on 07.04.2020
and as such the present appeal become infructuous and be dismissed as
such.
6. Prayer is allowed.
7. The appeal is dismissed as infructuous.
8. Pending application(s), if any, stand disposed of.
9. Office to communicate this order to the District and Sessions Judge,
Bijnor and the concerned trial court within one week.
September 18, 2026
M. ARIF
(Samit Gopal,J.)
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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