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Allahabad High Court

AMEER HUSAIN @AAMIR HUSSAIN AND ANOTHERversusSTATE OF U.P.

Decided

Holding

The anticipatory bail application was dismissed for want of prosecution.

Summary

The applicants filed an anticipatory bail application under Section 482 of the Criminal Procedure Code in a case involving offences under Section 307 IPC and Sections 3, 5A, and 8 of the Cow Slaughter Act. No counsel appeared on behalf of the applicants, and the learned Additional Government Advocate was the only counsel present. The court observed that the passage of time had rendered the application infructuous, as either the applicants had already been arrested or the apprehension of arrest no longer existed. Consequently, the anticipatory bail application was dismissed for want of prosecution, and any interim order previously granted was vacated. The court directed that the order be communicated to the concerned court and allowed the applicants to file a fresh application if the cause of action still subsists.

Issues considered

  • Whether an anticipatory bail application can be entertained when the apprehension of arrest no longer exists or the matter has become infructuous due to the passage of time.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482 CrPC
  • IPC 307
  • Cow Slaughter Act
  • criminal procedure
  • dismissal
  • prosecution

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                        CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                                                                - 10208 of 2025

                                    Ameer Husain @Aamir Hussain And Another
                                                                                                 .....Applicant(s)
                                                                         Versus

                                    State of U.P.
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)      : Deepankar Chaudhary, Shivam Singh
                                    Counsel for Opposite Party(s) : G.A.

                                    Court No. - 72
                                                      HON'BLE VIVEK KUMAR SINGH, J.

                                    1. The present application has been filed on behalf of the applicants in Case
                                    Crime No. 624 of 2018, under Sections 307 IPC and Section 3/5A/8 Cow
                                    Slaughter Act, Police Station Nigohi, District Shahjahanpur, with a prayer to
                                    grant them anticipatory bail.

                                    2. No one appears on behalf of the applicants to press this anticipatory bail
                                    application even in the revised call though the learned A.G.A. is present.

                                    3. It appears that the matter has become infructuous by efflux of time. Either
                                    the applicants have been arrested or apprehension of their arrest no longer
                                    survives.

                                    4. Present anticipatory bail application is, therefore, dismissed for want of
                                    prosecution.

                                    5. Interim order, if any, stands vacated.

                                    6. Office to communicate this order to the court concerned within a week.

                                    7. If the cause of action still survives, the applicants may file appropriate
                                    application for reviving the matter on merits.



                                                                                        (Vivek Kumar Singh,J.)
                                    September 15, 2026
                                    Nitendra




Digitally signed by :-
NITENDRA TIWARI
High Court of Judicature at Allahabad


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