Neutral Citation No. - 2025:AHC:29966 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1765 of 2025 Applicant :- Kuldeep Alias Jaideep Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. This application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Crime No. 137 of 2015, under Section 376 of I.P.C., Police Station- Kotwali Dehat, District- Etah. 2. At the outset, learned A.G.A. submits that after conclusion of investigation the court concerned had taken cognizance on 07.03.2022 and summoned the applicant on 22.03.2023. The applicant had approached this court for quashing the entire proceedings including cognizance/summoning order dated 07.03.2022 by filing 482 No. 17452 of 2023 (Kuldeep alias Jaydeep vs. State of U.P. and another). The said application was disposed of by this Court vide order dated 21.09.2024. The applicant is well aware of the pending proceedings. Further on 27.09.2024, process under Section 82 Cr.P.C. has also been issued against him. On that ground, he submits that the applicant is not entitled to be enlarged on anticipatory bail. 3. Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the record. 4. The applicant was summoned by the court concerned on 22.03.2023. The applicant challenged the entire proceedings including cognizance/summoning order dated 07.03.2022 by filing 482 application no. 17452 of 2023 (Kuldeep alias Jaydeep vs. State of U.P. and another). The said application was disposed of by this Court vide order dated 21.09.2024. The applicant is absconding and is evading the process of law. Process under Section 82 Cr.P.C. has also been issued against the applicant on 27.09.2024. The applicant is well aware of the pending proceedings. The issuance of coercive measures against the applicant by the concerned court has also not been disputed by the counsel for the applicant. 5. The Apex Court in the case of Srikant Upadhyay and others vs. State of Bihar and another, (2024) 3 SCR 421 in paragraphs 25 and 26 has held as under:- "25. The factual narration made hereinbefore would revel the consistent disobedience of the appellants to comply with the orders of the trial Court. They failed to appear before the Trial Court after the receipt of the summons, and then after the issuance of bailable warrants even when the are co- accused, after the issuance of bailable warrants, applied and obtained regular bail. Though the appellants filed an application, which they themselves described as "bail-cum-surrender application" on 23.08.2022, they got it withdrawn on the fear of being arrested. Even after the issuance of non-bailable warrants on 03.11.2022 they did not care to appear before the Trial Court and did not apply for regular bail after its recalling. It is a fact that even after coming to know about the proclamation under Section 82 Cr.P.C., the did not take any steps to challenge the same or to enter appearance before the Trial Court to avert the consequences. Such conduct of the appellants in the light of the aforesaid circumstances, leaves us with no hesitation to hold that they are not entitled to seek the benefit of pre-arrest bail. 26. The upshot of the discussion is that there is no ground for interfering with the order of the High Court rejecting the application for anticipatory bail rather not considering application on merits. Since their action is nothing short of defying the lawful orders of the Court and attempting to delay the proceedings, this appeal must fails. Consequently, it is dismissed." 6. In view thereof, the applicant is not entitled for grant of anticipatory bail. 7. Accordingly, the application is hereby rejected. Order Date :- 4.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad