Allahabad High Court
ASHUTOSH YADAVversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The anticipatory bail application is dismissed as infructuous.
Summary
The applicant, Ashutosh Yadav, was arrested and sought anticipatory bail under Section 482 of the Criminal Procedure Code. The arrest had earlier been stayed by the High Court in Criminal Miscellaneous Writ Petition No.19078 of 2026. The applicant filed a fresh anticipatory bail application, contending that the stay of arrest rendered the application necessary. The learned counsel for the applicant informed the court that the earlier writ petition had become infructuous. The court held that, given the earlier stay, the anticipatory bail application was itself infructuous and dismissed it accordingly.
Issues considered
- Whether an anticipatory bail application under Section 482 CrPC is maintainable when a prior writ petition staying the arrest has become infructuous
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Section 482
- writ petition
- infructuous
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9109 of 2026
Ashutosh Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sr. Advocate, Yogendra Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Sri Yogendra Yadav, Learned Counsel for the applicant has stated that
the arrest of the applicant has been stayed by this Court in a writ petition,
being Criminal Misc. Writ Petition No.19078 of 2026 and this writ
petition has become infructuous.
2. Dismissed as infructuous.
(Rajiv Lochan Shukla,J.)
September 14, 2026
Kushal
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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