Neutral Citation No. - 2025:AHC-LKO:20482 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 388 of 2025 Applicant :- Shri Prakash Mishra Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Annexe Bhawan Lko. Counsel for Applicant :- Amit Sharma Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and Mr. Nikhil Singh, learned AGA-1 appearing on behalf of State. 2. This first anticipatory bail application has been filed with regard to Case Crime No. 505 of 2008, under Sections 109, 409, 420, 467, 468, 471, 120-B IPC, Police Station Gomti Nagar, District Lucknow. 3. As per contents of First Information Report, the applicant himself filed the FIR to the effect that he was defrauded of a substantial an amount of money by the nominated persons for purposes of investment in their Company. 4. It has been submitted that applicant has been falsely indicated in the charges levelled against him whereas he is the person who initiated criminal proceedings against the company and its directors. It is also submitted that applicant although was earlier a director in the said company but resigned which was duly accepted. It is admitted that it is on the basis of FIR lodged by applicant that charge-sheet has been filed against the nominated persons. 5. Learned AGA, however, submits that applicant is not co- operating in the investigation due to which non-bailable warrant was issued against him whereafter proclamation under Section 82 Cr.P.C. was issued on 06.09.2021 and order under Section 83 Cr.P.C. was issued on 11.07.2022 whereafter about 38 articles from his house have been attached on 13.08.2022. It is, therefore, submitted that applicant is not entitled for anticipatory bail. It is, however, submitted that applicant has a previous criminal history of 13 cases, which is not explained. 6. Learned counsel for applicant does not deny the said facts but submits that applicant did not have any knowledge of the issuance of any proclamation under Section 82 Cr.P.C. order the order under Section 83 Cr.P.C. 7. Considering submissions advanced by learned counsel for parties and perusal of material on record, prima facie, keeping in view the dictum enunciated by Hon'ble Supreme Court in the case of Srikant Upadhyay versus State of Bihar, 2024 3 SCR 421, this Court does not find any occasion to grant relief as sought. However, the applicant is at liberty to seek regular bail from the Court concerned. 8. With aforesaid directions, application stands disposed of. Order Date :- 11.4.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench