Neutral Citation No. - 2025:AHC:40791 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1388 of 2024 Applicant :- Anuj And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhinav Dwivedi,Ashok Kumar Singh,Saurabh Singh,Tanisha Jahangir Monir Counsel for Opposite Party :- Arvind Kumar,G.A. Hon'ble Vivek Varma,J. 1. Supplementary counter affidavit filed by the counsel for the opposite party no.2-complainant, is taken on record. 2. Heard learned counsel for the applicants, Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party, and perused the record. 3. The applicants were granted interim anticipatory bail vide order dated 12.04.2024 by the co-ordinate Bench of this Court. The order is quoted herein below;- "1. IInd Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Ms. Tanisha Jahangir Monir, learned counsel for the applicants and Sri Arvind Kumar Srivastava, learned counsel for the informant as well as Sri Anit Kumar Shukla, learned A.G.A. for the State. 3. The present anticipatory bail application has been filed on behalf of the applicants in S.T. No.74 of 2019, arising out of Complaint Case No. 22 of 2019, under Sections 395, 504 & 506 IPC, Police Station - Saurikh, District -Kannauj, with a prayer to enlarge them on anticipatory bail. 4. As per prosecution story, the applicants are stated to have barged into the house of the informant on 02.01.2019 at about 05:00 PM and robbed of Rs.15,000/- along with one gold chain and two gold rings. 5. Learned counsel for the applicants has stated that the applicants have been falsely implicated in the present case. The instant complaint case is delayed. In all two NCRs were instituted against the applicants in which they need not apply for bail as per the provisions of Cr.P.C. Learned counsel has also stated that the criminal history of one case i.e. S.S.T. No.668 of 2022 u/s 392/506 IPC assigned to the applicant no.3 Atar Singh stands explained as he has been enlarged on bail vide order dated 23.01.2023 by the trial court concerned. The said bail order has been annexed as Annexure- SA-1 to the supplementary affidavit filed today in Court. Learned counsel has further stated that there is no injury report to corroborate the prosecution story. The applicants are ready to cooperate during trial. There is no likelihood of applicants absconding. 5. On the other hand, learned counsel for the informant as well as learned A.G.A. have opposed the prayer for grant of anticipatory bail on the ground that the name of the applicant no.2 Amlesh is also known as Alkesh and he is also named in FIR No.38 of 2019 and no order of his bail has been annexed regarding the said FIR. Learned counsel for the informant has further stated that non-bailable warrant has been issued against the applicants on 22.03.2024, as such, they are not entitled for anticipatory bail. 6. In rebuttal, learned counsel for the applicant has stated that the instant anticipatory bail application was filed on 08.02.2024 which is prior to the issuance of said non-bailable warrants against the applicants. 7. Matter requires consideration. 8. In the event of arrest, the accused-applicants- Anuj, Amlesh, Atar, Pratipal, Guddi @ Kanti Devi, Kelawali, Sangita d/o Atar Singh and Sangita w/o Surendra, shall be released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:- (i) the applicants shall make themselves available for interrogation as and when required; (ii) the applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) the applicants shall not leave India without the previous permission of the Court. 9. As prayed, two weeks' time is granted to learned counsel for the informant to file counter affidavit. Learned AGA may also file counter affidavit within the said period. 10. Rejoinder affidavit, if any, may be filed within a week, thereafter. 11. List this application on 20.05.2024 in the additional cause list. 12. Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case." 4. A perusal of the order sheet annexed as Annexure-SCA-1 of the supplementary counter affidavit shows that after the applicants were granted interim anticipatory bail by this Court, they are not appearing before the concerned court. The applicants have misused the liberty of bail. In view thereof, such conduct of the applicants do not entitle them for grant of anticipatory bail. 5. Accordingly, the application is rejected. 6. Office is directed to communicate this order to the trial judge through the District Judge, Kannauj forthwith. Order Date :- 20.3.2025/Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad