Neutral Citation No. - 2025:AHC-LKO:43351 Court No. - 17 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 214 of 2025 Applicant :- Kapil Kumar Gupta Opposite Party :- State Of U.P. Thru. Addl Deptt. Of Home Lko. And Another Counsel for Applicant :- Sanjay Kumar Singh,Pankaj Kumar,Shakshi Verma Counsel for Opposite Party :- G.A.,Rohit Tripathi Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application under Section 438 of Cr.P.C. has been filed for anticipatory bail in Case Crime No.0692 of 2021 under sections 409, 420, 467, 468, 471 and 120-B I.P.C., Police Station Gomti Nagar, District Lucknow. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that applicant is residing in Lucknow since 2020 but the proceedings under Section 82 was initiated on the old address of the applicant at District Unnao. He also submits that the applicant visited the concerned police station for recording his statement under Section 161 Cr.P.C. but his statement was not recorded and charge sheet was filed declaring him as an absconder. He also relies on the decisions of co-ordinate bench of this Court in the case of Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. Nos.4645 of 2022, 1981 of 2023 & 7455 of 2022. Learned counsel for the applicant submits that in three cases of similar nature, the applicant is on anticipatory bail and in the present case, the applicant was enlarged on interim anticipatory bail on 8.5.2025, therefore, he is entitled for the benefit of anticipatory bail. 4. Learned A.G.A. vehemently opposes the prayer of the applicant and submits that the applicant has participated in the crime in question and he was associated with the M/S Shine City, in which, huge amount has been snatched from innocent people. In the present case, the complainant was cheated on the initiation of the applicant by the M/S Shine City. He further submits that applicant is having a criminal antecedent of 11 cases of identical in nature and he never cooperated in the investigation. He also relies on the decision of Hon'ble Supreme Court in the case of 'Serious Fraud Investigation Office Vs. Aditya Sarda' reported in AIR 2025 Supreme Court 2431 and submits that the Hon'ble Supreme Court observed that economic offences are a serious threat to financial health of the nation and if the accused is creating hindrances in the execution of warrants or is concealing himself, he must not be granted the privilege of anticipatory bail. 5. Considering the submissions of learned counsel for the parties, going through the contents of the application, F.I.R. as well as counter affidavit and the judgment relied on by learned counsel for the applicant and A.G.A., it is evident from the record that charge sheet was submitted by the Investigating Officer showing him as an absconder, it is also evident that the applicant is having a criminal antecedent of 11 cases of cheating innocent citizens in the name of providing plots, therefore, no case of anticipatory bail is made out, accordingly, the same is hereby dismissed. 6. However, in case, the applicant has applied for regular bail, learned court below is directed to consider the same in accordance with the law, expeditiously. Order Date :- 25.7.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench