Neutral Citation No. - 2025:AHC-LKO:35270 Court No. - 11 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 619 of 2025 Applicant :- Madan Mohan Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dinesh Chandra Tewari Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant anticipatory bail application has been filed by the applicant with a prayer to grant him anticipatory bail in Case Crime No. 224 of 2006 u/s 376 and 506 I.P.C., Police Station- Katra Bazaar, District- Gonda. 3. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case due to political rivalry. The Investigating Officer has submitted the charge- sheet in the most mechanical manner without considering the evidence provided by the applicant in accordance with the provisions of Para 107 of U.P. Police Regulations. It is further submitted that non bailable warrant was issued against the applicant by the Court concerned, thereafter, the charge-sheet along with entire proceeding was challenged before this Court. By dismissing the said petition, liberty was given to the applicant to take appropriate remedy in accordance with law. It is vehemently submitted that after submission of charge- sheet, the investigation was conducted by C.B.C.I.D. and report was submitted, but the cognizance was taken by learned trial Court on the charge-sheet submitted by local police. It is next submitted that an Anticipatory Bail Application No. 641 of 2025 was also filed before learned Sessions Judge, which was rejected in the most mechanical manner, therefore, indulgence of this Court is required. 4. Sri Rao Narendra Singh, learned A.G.A. vehemently opposes the prayer of the applicant. He submits that it is undisputed fact that after submission of charge-sheet, cognizance was taken by the competent Court, thereafter, due to non cooperation of the applicant, non bailable warrant was issued against him, and later on, proceeding u/s 82 Cr.P.C. was also initiated. He further submits that once it appears that the applicant is not cooperating in the proceedings, he is not entitled to get anticipatory bail as per the law laid down by Hon'ble Supreme Court passed in the case of Srikant Upadhyay Vs. State of Bihar reported in (2024) SCC OnLine SC 282. 5. Learned counsel for the applicant does not dispute on legal pronouncement of the aforesaid judgement relied by learned A.G.A. He next submits that as per the judgement of Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi) reported in AIR 2020 SC 831, anticipatory bail application can be filed at any stage till conclusion of the trial. 6. Considering the submissions of learned counsel for the parties and going through the contents of the application, judgement relied by learned counsel for the parties as well as other relevant materials, it is undisputed fact that the charge- sheet was submitted, on which, cognizance was taken by the competent Court. Later on, due to non cooperation of the applicant, non bailable warrant was issued against him. The proceeding u/s 82 Cr.P.C. was also initiated in the year 2023. The applicant filed a petition u/s 482 Cr.P.C. No. 9639 of 2023 challenging the proceeding of Crl. Case No. 229 of 2013 arising out of Case Crime No. 224 of 2006 u/s 376, 506 I.P.C., Police Station- Katra Bazar, District- Gonda; the said petition was dismissed on 05.10.2023 with liberty to take appropriate remedy provided under law within a period of two weeks and it was also directed that no coercive action be taken against the applicant. However, the applicant has not taken any statutory remedy as he filed anticipatory bail application in the year 2025. The judgement relied by learned counsel for the applicant i.e. Sushila Aggarwal Vs. State (NCT of Delhi) (supra) is not applicable in the present case. The facts of the case are squarely covered with the judgement i.e. Srikant Upadhyay Vs. State of Bihar (supra) as relied by learned A.G.A. The proceedings u/s 82 Cr.P.C. is pending since 2023. Therefore, this Court is of the view that no interference is required. Accordingly, the present anticipatory bail application is rejected. Order Date :- 11.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench