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Neutral Citation No. - 2025:AHC:21730 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10027 of 2024 Applicant :- Swayam Prakash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Dubey Counsel for Opposite Party :- G.A.,Ram Shiromani Yadav Hon'ble Vivek Varma,J.
1. This application under Section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No 735 of 2012, under Sections 304 I.P.C. and 3(2)5 SC/ST Act, Police Station Gunnaur, District Sambhal.
2. At the outset, learned Brief Holder for the State submits that against the summoning order dated 07.08.2013 the applicant filed a criminal revision before this Court being Criminal Revision No. 2994 of 2023, Swayam Prakash v. State of U.P. and another. The said revision was dismissed on merit by this Court vide order dated 23.11.2022. Subsequent thereto, the applicant failed to appear before the court concerned. The applicant is evading the process of law and had failed to appear before the court concerned. The proceedings of the court have been held up on account of non-appearance of the applicant. The applicant is fleeing from the process of law without any reasonable cause.
3. Heard learned counsel for the applicant, Sri Anupam Anand, learned Brief Holder for the State, and Sri Ram Shiromani Yadav, learned counsel for the informant, and perused the record.
4. The order-sheet of the trial court reflects that after submission of the charge- sheet, summon was issued to the applicant on 07.08.2013. Against the summoning
order the applicant filed criminal revision, which was dismissed by this Court vide
order dated 23.11.2022. The applicant filed a restoration application in the month of October, 2023. No orders have been passed on the restoration application. Subsequent thereto, the applicant failed to appear. Consequently, bailable warrant has been issued on 20.07.2024. The applicant is well aware of the pending proceedings. The proceedings of the court have been held up on account of non- appearance of the applicant.
5. In view thereof, such conduct of the applicant does not entitle him for grant of anticipatory bail.
6. Accordingly, the application is hereby rejected.
Order Date :- 13.2.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad