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2025 DAILYLAW 31939 (ALL)

KB VERMA ALIAS KRISHNA BAL VERMA v. STATE OF U.P.

NABAIL/2413/2025 · 2025-04-15

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55779 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2413 of 2025 Applicant :- K.B. Verma Alias Krishna Bal Verma Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Saran Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. This application under Section 482 B.N.S.S. has been filed seeking anticipatory bail in Complaint Case No. 7395 of 2023 (Sanjay Kumar vs. K. B. Verma), under Sections 420, 467, 468, 471 I.P.C., Police Station- Pallavpuram, District- Meerut. 2. At the outset, learned A.G.A. submits that after investigation, final report in favour of applicant was submitted on 28.08.2019. Thereafter, the informant filed a protest petition. The final report was rejected and the applicant was summoned vide order dated 30.09.2022. The applicant failed to appear. Consequently, non- bailable warrant was issued against the applicant. Process under Section 82/83 Cr.P.C. has also been issued against the applicant, on that ground, he submits that the applicant is not entitled to be enlarged on anticipatory bail. 3. Heard Sri Vivek Saran, counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the record. 4. After investigation, final report in favour of applicant was submitted on 28.08.2019. The informant filed a protest petition. The final report was rejected and the applicant was summoned vide order dated 30.09.2022. The applicant failed to appear. Consequently, non-bailable warrant was issued against the applicant. The applicant is absconding and is evading the process of law. Process under Section 82/83 Cr.P.C. has also been issued against the applicant. The first Anticipatory Bail Application of the applicant was rejected by the Additional Sessions Judge, Court No.11, Meerut on 08.04.2024. The second Anticipatory Bail Application of the applicant was also rejected on 28.02.2025. 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 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., they 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, such conduct of the applicant does not entitle him for grant of anticipatory bail. 7. Accordingly, the application is hereby rejected. Order Date :- 16.4.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad