Neutral Citation No. - 2025:AHC:40631 Court No. - 67 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12260 of 2024 Applicant :- Noor Alam Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Mishra,Kamla Kant Mishra Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed today by learned counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No. 102 of 2022, under Sections 376-D, 120-B I.P.C., Police Station- Puramufti, District- Prayagraj, during the pendency of trial. 4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Earlier applicant approached this Court by filing Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 10184 of 2022 and vide order dated 19.10.2022, applicant was granted anticipatory bail till submission of the police report. He next submitted that Investigating Officer has submitted charge- sheet after completing the investigation in the year 2022, thereafter, learned Trial Court on 20.04.2022 issued summons against the applicant. He further submitted that applicant has not received any summons, therefore, he could not appear before the Trial Court. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the trial. 5. Per contra, learned A.G.A. vehemently opposed the anticipatory bail application of the applicant and submitted that earlier applicant was granted anticipatory bail by this Court till submission of police report, thereafter, Investigating Officer has submitted charge-sheet and Trial Court issued summons against the applicant in the year 2022. Further, more than two years have been passed and applicant has avoided the summons and not appeared before the Trial Court to face trial. It cannot be presumed that applicant had no knowledge regarding issuance of summons against him. Hence, applicant should not be released on anticipatory bail. 6. Considered the submissions raised by learned counsel for the parties and perused the entire record. From perusal of record, it is apparent that summons were issued against the applicant in the year 2022 and applicant has deliberately avoided the summons and not appeared before the Trail Court to face trial, as such, no case for interference by this Court is made out. 7. Accordingly, the instant anticipatory bail application stands rejected. Order Date :- 20.3.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad