Allahabad High Court

NEERAJ JAISWAL @ SUMANT JAISWALversusSTATE OF U.P.

Decided: 8 September 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The anticipatory bail application was dismissed as infructuous because regular bail had already been granted.

Summary

The applicant, Neeraj Jaiswal, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code (CrPC) after having already been granted regular bail by the trial court. The applicant's counsel argued that the anticipatory bail petition had become redundant and should be dismissed as infructuous. The court examined whether a separate anticipatory bail order was necessary when regular bail was already in place. Finding no merit in proceeding with a duplicate relief, the court held that the anticipatory bail application was moot. Consequently, the application was dismissed as infructuous.

Issues considered

Whether an anticipatory bail application under Section 482 CrPC is maintainable when the applicant has already been granted regular bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482

Subjects

anticipatory bail
regular bail
Section 482 CrPC
infructuous application
criminal procedure

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                        CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                                                                - 8649 of 2026

                                    Neeraj Jaiswal @ Sumant Jaiswal
                                                                                               .....Applicant(s)
                                                                      Versus

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

                                    Counsel for Applicant(s)      : Anup Kushwaha
                                    Counsel for Opposite Party(s) : G.A., Kameshwar          Prasad    Mishra,
                                                                    Rajesh Pandey

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

                                    1. Sri Anup Kushwaha, the Learned counsel for the applicant contends
                                    that the applicant has been granted regular bail by the concerned Court
                                    and this application has become infructuous and the same may be
                                    dismissed as infructuous.

                                    2. In view of the above, this application stands dismissed as infructuous.



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




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

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