Allahabad High Court
AMEER HUSAIN @AAMIR HUSSAIN AND ANOTHERversusSTATE OF U.P.
- Decided
- Bench
- VIVEK KUMAR SINGH
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
- Code of Criminal Procedure, 1973 — s. 482
- Cow Slaughter Act — s. 3, 5A, 8
- Indian Penal Code — s. 307
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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