Neutral Citation No. - 2025:AHC:71603 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1737 of 2025 Applicant :- Shahjad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jawad Tariq Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. This application under Section 482 B.N.S.S. has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 795 of 2019, under Sections 147, 148, 149, 307, 436, 283, 332, 353, 336, 342 I.P.C., 7 Criminal Law Amendment Act, and 3/4 Public Property Damage of Prevention Act, Police Station Rasoolpur, District Firozabad. 2. At the outset learned A.G.A. submits that the applicant had earlier filed an anticipatory bail application, being Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 9699 of 2022 (Shahzad v. State of U.P. and another). The said application was disposed of by this Court vide order dated 20.10.2022 with liberty to the applicant to surrender before the court concerned within six weeks and in case a regular bail application was filed, the same was to be decided in view of the law laid by the Supreme Court in the case of Satender Kumar Antil v. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825. For a period of six weeks from the date of the order or till the time the applicant surrenders before the court concerned, no coercive action was to be taken against him. It is contended that the applicant is evading the process of law and has failed to appear before the court concerned till date. On that ground, he submits that the applicant is not entitled for the relief in this subsequent anticipatory bail application. 3. Heard learned counsel for the applicant and Sri Rajshekhar Srivastava, learned A.G.A. for the State, and perused the record. 4. The record reflects that the charge-sheet was submitted against the applicant on 15.07.2021, cognizance was taken by the court concerned on 19.07.2021 (Page 84 of the paper book) and the applicant was summoned. Despite the order issuing summons, the applicant failed to appear before the court concerned. The applicant filed Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 9699 of 2022 (Shahzad v. State of U.P. and another). The said application was disposed of by this Court vide order dated 20.10.2022 with the direction to the applicant to surrender before the court concerned within six weeks and in case a regular bail application was filed, the same was to be decided in view of the law laid by the Supreme Court in the case of Satender Kumar Antil (supra). For a period of six weeks from the date of the order or till the time the applicant surrenders before the court concerned, no coercive action was to be taken against him. Despite the said order, the applicant failed to appear before the court concerned. The proceedings of the court concerned have been held up on account of non-appearance of the applicant and as such the applicant is fleeing from the process of law without any reasonable cause. 5. "Fleeing from justice" refers to the act of accused in evading or avoiding arrest, prosecution, or punishment for a crime. An accused in aforesaid act tries to avoid facing criminal prosecution by often avoiding summons, warrants and other process issued by the court. An accused is legally bound to comply with the summons issued by the court of law except where the process is challenged before the higher forum by the accused. Any person who has been issued process by court of law cannot be permitted to evade the same thereby not permitting the court of law to proceed in the administration of justice. The said act of accused in avoiding the process of court of law without any justification effects the very cause of justice. An accused fleeing from justice without reasonable cause has the effect of stopping/slowing the criminal process of law which effects the cause of speedy justice to the victim or society at large. Non appearance of an accused before the court concerned when the summons has been served (without reasonable explanation for non-appearance) may be indicative of the fact that such accused do not have respect to the process of law. 6. It is important for rule of law to prevail that the criminal trial is completed without delay. Where an accused flees from the process of law and thereby avoids appearing before the court, the very concept of speedy trial is put at peril and justice to the victim is delayed. 7. The Supreme Court in Vipan Kumar Dhir v. State of Punjab, (2021) 15 SCC 518 has observed that while granting bail, especially anticipatory bail which is per se extraordinary in nature, the possibility of the accused to influence prosecution witnesses, threatening the family members of the deceased, fleeing from justice or creating other impediments in the fair investigation, ought not to be overlooked. 8. While considering the question of whether an accused is fleeing from justice, the conduct of the accused in respect of the process of law is required to be considered. In criminal prosecution when the court finds material against the accused sufficient for prosecution, the court issues summons or warrants for appearance to the accused for participation in the trial. When the summons or warrants are served on the accused in accordance with law then duty is cast on the accused to appear before the court concerned except where there exists justification for non-appearance of the accused. An accused who is served with the process of court and fails to appear before the court concerned without any reasonable cause can be said to be fleeing from the process of law. 9. In view of the above facts, it is evident that the applicant is evading the process of law and has remained absent from the court proceedings for a period of about four years which is indicative of the fact that the applicant is fleeing from the process of law. Further, this is a second anticipatory bail application for the same cause of action and as such the present anticipatory bail application is liable to be dismissed. 10. The applicant is dismissed accordingly. Order Date :- 5.5.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad