The applicant filed a bail application in a rape and POCSO case. The court dismissed the application as infructuous because the trial had concluded and the applicant had been convicted before the date of this order.
Bail application dismissed as infructuous due to completion of trial and conviction.
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Neutral Citation No. - 2023:AHC:203270
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44619 of 2018
Applicant :- Gagan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Srivastava,Archana Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
Case called out. None appears for the applicant to press the instant bail application.
The instant bail application has been filed by the applicant-Gagan Singh for enlarging him on bail in Case Crime No. 335 of 2018, under Sections 376-A, B, 506 I.P.C. and Section 5/6 of POCSO Act, Police Station Jaswant Nagar, District Etawah.
In compliance of the order dated 05.10.2023 passed by this Court, the learned Additional Sessions Judge/ Trying Rape Cases (POCSO Act), Etwaha has submitted a report dated 12.10.2023, according to which trial has been concluded on 22.03.2021 and the applicant has been convictec, therefore, the present bail has become infructuous.
Accordingly, the instant bail application is dismissed as having become infructuous .
Order Date :- 19.10.2023 Mustaqeem.
Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad
1 issue framed by the court
Whether the bail application is maintainable given the conclusion of trial and conviction of the applicant.
1 provisions across 1 enactments
Gagan Singh
Dr. Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
