High Court holds that filing of a closure report by the Investigating Officer renders the anticipatory bail application infructuous and allows dismissal on withdrawal; serves as persuasive authority in criminal procedure matters.
Summary
| Category | Data |
|---|---|
| Case Name | ABA No. 942 of 2025 of SANJAY SINGH BISHT alias Sanjay Bisht vs State of Uttarakhand |
| CNR | UKHC010126642025 |
| Decision Date | 19-08-2025 |
| Disposal Nature | Dismissed as withdrawn (infructuous) |
| Judgment Author | Hon’ble Mr. Justice Alok Kumar Verma |
| Court | High Court of Uttarakhand |
| Bench | Single Judge |
| Precedent Value | Persuasive |
| Type of Law | Criminal Procedure |
| Questions of Law | Whether a closure report under Section 140(3) BNS 2023 renders an anticipatory bail application infructuous? |
| Facts as Summarised by the Court | Anticipatory bail application filed in Crime No. 94/2025 under Section 140(3) BNS 2023; closure report filed |
| Citations | 2025:UHC:7275 |
What’s New / What Lawyers Should Note
- Clarifies that once the Investigating Officer files a closure report under Section 140(3) of the Bharatiya Nyaya Sanhita, 2023, any pending anticipatory bail application becomes infructuous.
- Confirms that the court may allow withdrawal and dismiss the application without examining merits once no prosecution remains.
Summary of Legal Reasoning
- The applicant moved for anticipatory bail in Crime No. 94/2025 under Section 140(3), BNS 2023.
- The State, through the IO, informed that a closure report had been filed in the same case.
- On that basis, the anticipatory bail petition was held to be infructuous.
- Upon learned counsel’s request, the petition was dismissed as withdrawn.
Arguments by the Parties
Petitioner
- Filed application under Section 140(3) BNS 2023 seeking anticipatory bail.
Respondent (State)
- Informed on instructions of the Investigating Officer that a closure report has been submitted.
Factual Background
The applicant approached the High Court for anticipatory bail in respect of Crime No. 94 of 2025, registered at Police Station Kaladhungi, District Nainital under Section 140(3) of the Bharatiya Nyaya Sanhita, 2023. During the hearing, the Investigating Officer filed a closure report. In light of the closure report, the Court deemed the bail application infructuous and allowed it to be withdrawn, dismissing the petition.
Statutory Analysis
The Court dealt solely with an application under Section 140(3) of the Bharatiya Nyaya Sanhita, 2023, and held that the filing of a closure report renders any anticipatory bail application in respect of the same proceedings infructuous.
Citations
- 2025 UHC 7275 (Uttarakhand High Court)