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Allahabad High Court

DILEEP GAUDversusSTATE OF U.P. AND 2 OTHERS

Decided

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

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


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