Neutral Citation No. - 2025:AHC:4989 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6453 of 2024 Applicant :- Naveen Kumar @ Navneet Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.P.S. Chauhan Counsel for Opposite Party :- G.A.,Prashant Singh Som Hon'ble Deepak Verma,J. 1. At the outset, Sri Prashant Singh Som, learned counsel for the informant appeared and submitted that he has no instructions in the matter, as such, his name may be removed from the cause list. 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 an anticipatory bail to the applicant in Complaint Case No. 1648 of 2008, under Sections 452, 395, 427, 504, 506 IPC, Police Station- Noorpur, District- Bijnor, during the pendency of trial. 4. Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Instant complaint has been lodged due to prior enmity between the parties. Summoning order is not supported by any cogent evidence. Learned Magistrate without applying his judicial mind, summoned applicant by order dated 04.02.2009. He next submitted that applicant challenged summoning order before this Court by filing Application U/S 482 No. 9649 of 2009. This Court vide order dated 27.04.2009 stayed the criminal proceedings of the Complaint Case No. 408 of 2008 (Smt. Kalpana vs. Nitin and others), under Sections 452, 395, 427, 504, 506 IPC, P.S. Noorpur, District- Bijnor. Thereafter, the said application under Section 482 Cr.P.C. was dismissed in non-appearance of applicant's counsel. He next submitted that applicant had no knowledge regarding summon issued by learned Magistrate. He further submitted that from perusal of contents of complaint and statements of witnesses recorded under Sections 200 and 202 Cr.P.C., no offence under alleged sections is made out against the applicant. 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 proceedings. 5. Per contra, learned A.G.A. vehemently opposed the anticipatory bail application of the applicant and submitted that it is a very old matter and on account of delaying tactics adopted by the applicant, instant complaint instituted in the year 2008, is still pending. Summons were served upon applicant, therefore, he challenged the summoning order before this Court by filing an application under Sections 482 Cr.P.C. and the said application was dismissed in non-appearance of applicant's counsel in the year 2021. After dismissal of the same, applicant neither appeared nor adopted any other legal remedy and deliberately avoided trial proceedings, as such, applicant should not be enlarged on anticipatory bail. 6. Considered the arguments advanced by learned counsel for the parties and perused the entire record. From perusal of record, it is apparent that applicant was having knowledge of summon issued by learned Magistrate, the same was challenged by the applicant before this Court by filing an application under Section 482 Cr.P.C. and after dismissal of the said application, he did not try to get any other legal remedy. Further, from last three years, applicant deliberately avoided summon issued by the learned Magistrate. Further, NBW has also been issued against the applicant. In such view of the matter, no interference is warranted by this Court at this stage. 7. Accordingly, the anticipatory bail application is rejected. 8. However, if the applicant surrenders before the concerned court within two weeks from today and applies for regular bail, the bail application shall be decided expeditiously by the court concerned, in accordance with law laid down by the Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 9. For the period of two weeks from today or till the time of surrender of the applicant before the court below, whichever is earlier, no coercive action shall be taken against the applicant. Order Date :- 9.1.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad