Neutral Citation No. - 2025:AHC:48954 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11688 of 2024 Applicant :- Shriom Gautam And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Amit Daga,Vipul Kumar Singh Counsel for Opposite Party :- Jai Raj,G.A. Hon'ble Vivek Varma,J. 1. This application under Section 482 B.N.S.S. has been filed seeking anticipatory bail in Crime No. 1481 of 2017, under Sections 147, 149, 436, 307, 120-B I.P.C., Police Station- Sadabad, District- Hathras. 2. At the outset, Sri V.P. Tripathi, learned A.G.A. submits that vide order dated 17.01.2020, the court concerned rejected the final report submitted by the Investigating Officer and summoned the applicants under Sections 147, 149, 307, 436, 120-B I.P.C. The applicants approached this Court for quashing the order dated 17.01.2020 by filing Application u/s 482 No. 29205 of 2023 (Shree Om and 2 others vs. State of U.P. and another). The said application was dismissed by this Court vide order dated 21.12.2023. Subsequent thereto the applicants did not appear before the court concerned. Non bailable warrant was issued against the applicants on 15.07.2024 and process under Section 82 Cr.P.C. has also been issued on 08.11.2024. On that ground, he submits that the applicants are not entitled to be enlarged on anticipatory bail. 3. Heard Sri Amit Daga, counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the record. 4. Perusal of the record shows that vide order dated 17.01.2020, the court concerned rejected the final report submitted by the Investigating Officer and summoned the applicants under Sections 147, 149, 307, 436, 120-B I.P.C. The applicants challenged the order dated 17.01.2020 by filing Application u/s 482 No. 29205 of 2023 (Shree Om and 2 others vs. State of U.P. and another). The said application was dismissed by this Court vide order dated 21.12.2023. The applicants are absconding and are evading the process of law. Non bailable warrant was issued on 15.07.2024 and the process under Section 82 Cr.P.C. has been issued against the applicants on 08.11.2024. The applicants are well aware of the pending proceedings. The issuance of coercive measures against the applicants by the concerned court has also not been disputed by the counsel for the applicants. 5. The Apex Court in the case of Srikant Upadhyay and others vs. State of Bihar and another, (2024) 3 SCR 421 in paragraphs 25 and 26 has held as under:- "25. The factual narration made hereinbefore would revel the consistent disobedience of the appellants to comply with the orders of the trial Court. They failed to appear before the Trial Court after the receipt of the summons, and then after the issuance of bailable warrants even when the are co- accused, after the issuance of bailable warrants, applied and obtained regular bail. Though the appellants filed an application, which they themselves described as "bail-cum-surrender application" on 23.08.2022, they got it withdrawn on the fear of being arrested. Even after the issuance of non-bailable warrants on 03.11.2022 they did not care to appear before the Trial Court and did not apply for regular bail after its recalling. It is a fact that even after coming to know about the proclamation under Section 82 Cr.P.C., the did not take any steps to challenge the same or to enter appearance before the Trial Court to avert the consequences. Such conduct of the appellants in the light of the aforesaid circumstances, leaves us with no hesitation to hold that they are not entitled to seek the benefit of pre-arrest bail. 26. The upshot of the discussion is that there is no ground for interfering with the order of the High Court rejecting the application for anticipatory bail rather not considering application on merits. Since their action is nothing short of defying the lawful orders of the Court and attempting to delay the proceedings, this appeal must fails. Consequently, it is dismissed." 6. In view thereof, the applicants are not entitled for grant of anticipatory bail. 7. Accordingly, the application is hereby rejected. Order Date :- 5.4.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad