Allahabad High Court
VIJAYversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The anticipatory bail application was dismissed as infructuous because the applicant was already in custody.
Summary
The applicant, Vijay, was arrested and filed an anticipatory bail application under Section 482 of the Criminal Procedure Code. The applicant's counsel informed the court that the applicant had already been taken into custody, rendering the anticipatory bail application moot. The court held that an anticipatory bail application cannot be entertained once the applicant is already in custody. Consequently, the application was dismissed as infructuous. No further orders were made.
Issues considered
- Whether an anticipatory bail application under Section 482 CrPC can be entertained after the applicant has 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.
- 9930 of 2026
Vijay
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Arun Kumar Yadav, Prince Kumar
Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Sri Pawan Kumar, Advocate, holding the brief of Sri Arun Kumar
Yadav, 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 23, 2026
Kushal
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
Checking your session…