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Allahabad High Court

RAMCHARAN @ KUDDANversusSTATE OF U.P.

Decided

Holding

The anticipatory bail application was dismissed as infructuous because the applicant had already been arrested.

Summary

Ramcharan @ Kuddan was arrested and subsequently filed an anticipatory bail application under Section 482 of the Criminal Procedure Code (BNSS No. 6670 of 2026). The applicant's counsel informed the court that the applicant had already been taken into custody, rendering the anticipatory bail petition ineffective. The court examined whether an anticipatory bail application could be entertained after the applicant's arrest. It held that once the applicant is in custody, the purpose of anticipatory bail is defeated and the petition becomes infructuous. Consequently, the court dismissed the application as infructuous, providing no relief to the applicant.

Issues considered

  • Whether an anticipatory bail application under Section 482 CrPC is maintainable after the applicant has been arrested
  • Whether the court can grant anticipatory bail when the applicant is already in custody

Legislation cited

Subjects

  • anticipatory bail
  • section 482
  • infructuous application
  • arrest
  • Criminal Procedure Code

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                        CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                                                                - 6670 of 2026

                                    Ramcharan @ Kuddan
                                                                                             .....Applicant(s)
                                                                     Versus

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

                                    Counsel for Applicant(s)            :     Kamal Dev Singh Chanchal
                                    Counsel for Opposite Party(s)       :     G.A.

                                    Court No. - 71
                                                     HON'BLE RAJIV LOCHAN SHUKLA, J.

                                    1. Shri Kamal Dev Singh Chanchal, Learned counsel for the applicant,
                                    has stated that the applicant has been arrested and this application has
                                    become infructuous.

                                    2. Dismissed as infructuous.



                                                                                    (Rajiv Lochan Shukla,J.)
                                    September 9, 2026
                                    Kushal




Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad


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