Allahabad High Court
DILEEP GAUDversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- SAMIT GOPAL
Holding
The appeal is dismissed as infructuous because the appellant has already been released.
Summary
The appellant Dileep Gaud filed a criminal appeal under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 challenging a bail order dated 26 July 2017 passed by the Special Judge in a case involving offences under the IPC, POCSO Act and the SC/ST Act. The State informed the Court that the trial had concluded and the appellant had already been released from custody on 21 December 2018, rendering the appeal moot. The High Court examined the record and noted that no counsel appeared for the appellant despite the presence of four counsels. Relying on the fact that the appellant was no longer in custody, the Court held that the appeal had become infructuous. Consequently, the appeal was dismissed as infructuous and any pending applications were disposed of.
Issues considered
- Whether an appeal under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act remains maintainable when the appellant has already been released from custody.
Legislation cited
- Indian Penal Code — s. 376, 452, 504, 506, 511
- Protection of Children from Sexual Offences (POCSO) Act, 2012 — s. 7, 8
- SC/ST (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(1)(12)
Subjects
- bail
- appeal
- SC/ST Act
- infructuous appeal
- criminal procedure
- release
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 5737 of 2017
Dileep Gaud
.....Appellant(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Appellant(s) : Afshan Shafaut, Bipin Kumar Tripathi,
Dharnidhar Pandey, Kamal Kumar Singh
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 despite
the fact that there are four learned counsels appearing in the matter.
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(2) of SC/ST (Prevention of
Atrocities) Act, 1989 has been filed by the appellant Dileep Gaud with
the prayer to allow the appeal by setting aside the order dated 26.07.2017
passed by learned Special Judge / Additional Session Judge, Siddharth
Nagar in Bail Application No. 514 of 2017 (Dileep Gaud Vs. State of
U.P), arising out of Case Crime No. 453 of 2017, under Section 376, 511,
452, 504, 506 IPC and Section 7/8 POCSO Act, 2012 and
Section 3(1)(12) of SC/ST Act, Police Station Dumariyaganj, District
Siddharth Nagar 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 21.12.2018
and as such the present appeal become infructuous and be dismissed as
such.
6. Prayer is allowed.
7. The appeal is dismissed as infructuous. Pending application(s), if any,
stand disposed of.
8. Office to communicate this order to the District and Sessions Judge,
Siddharth Nagar 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
Checking your session…