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Allahabad High Court

VIJAYversusSTATE OF U.P.

Decided

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

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


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