Allahabad High Court
AMAR SINGH YADAV @ PILLI PRADHANversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
An anticipatory bail application is infructuous and cannot be entertained once the applicant is arrested.
Summary
The applicant, Amar Singh Yadav, filed an anticipatory bail application under Section 482 of the Criminal Procedure Code. During the hearing, counsel informed the court that the applicant had already been arrested, rendering the anticipatory bail application moot. The court examined whether an anticipatory bail petition could proceed after the applicant's arrest. It held that once the accused is in custody, the anticipatory bail remedy is no longer available and the petition becomes infructuous. Consequently, the application was dismissed.
Issues considered
- Can an anticipatory bail application under Section 482 be entertained after the applicant has been arrested?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
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.
- 9727 of 2026
Amar Singh Yadav @ Pilli Pradhan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar, Ashish Goyal
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Sri Karan Michu, Advocate holding the brief of Shri Ashish Goyal,
learned counsel for the applicant, states that the applicant has been
arrested and this application has become infructuous.
2. Dismissed as infructuous.
(Rajiv Lochan Shukla,J.)
September 18, 2026
A. Pandey
Digitally signed by :-
ANAND PANDEY
High Court of Judicature at Allahabad
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