Allahabad High Court
FURKANversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The anticipatory bail application was dismissed as infructuous because the applicant was already in custody.
Summary
The applicant, Furkan, was arrested in connection with a criminal case and filed an anticipatory bail application under Section 482 of the Criminal Procedure Code. The applicant's counsel argued that the application had become infructuous because the applicant was already in custody. The court examined whether an anticipatory bail application could be entertained after the applicant's arrest. Relying on the principle that anticipatory bail is intended to prevent arrest, the court held that the application was no longer maintainable. Consequently, the court dismissed the anticipatory bail application as infructuous.
Issues considered
- What is the appropriate course of action when an anticipatory bail application is filed after the applicant has already been arrested?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- Section 482
- Criminal Procedure Code
- infructuous application
- arrest
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
- 9630 of 2026
Furkan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd. Kalim, Mohd. Khalid
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. At the very outset, Sri Bharat Bhushan, Learned Advocate, holding the
brief of Sri Mohd. Kalim, the Learned counsel for the applicant submits
that the applicant has been arrested 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 30, 2026
Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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