Neutral Citation No. - 2025:AHC:79542 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3563 of 2025 Applicant :- Ashish Kumar Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhishm Pal Singh,Mayanka Srivastava,Suramya Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Copy of the charge-sheet as well as the case diary produced by learned Brief Holder for the State is taken on record. 2. The instant application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 263 of 2019, under Sections 419, 420, 467, 504, 506 I.P.C., Police Station Kotwali, District Azamgarh. 3. At the outset Sri Anupam Anand, learned Brief Holder for the State, submits that the applicant had not cooperated in the investigation. Non-bailable warrant was issued on 18.02.2022. Process under Section 82 Cr.P.C. was issued on 14.05.2022 and the process under Section 83 Cr.P.C. was issued on 18.03.2023. Thereafter the charge-sheet was submitted against the applicant on 21.04.2023 and the applicant has been summoned by the court concerned. He contends that the applicant is evading the process of law and has failed to appear before the court. On that ground he submits that the applicant is entitled for anticipatory bail. 4. Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State- opposite party no. 1, and perused the record. 5. Perusal of the case diary reflects that after the first information report was lodged against the applicant, the applicant had not cooperated in the investigation. Therefore, non-bailable warrant was issued on 18.02.2022. Proclamation under Section 82 Cr.P.C. was issued on 14.05.2022. Charge-sheet further records that process under Section 83 Cr.P.C. was issued on 18.03.2023 and was duly served upon the applicant. Further, even after submission of the charge sheet and issuance of summons by the court concerned, the applicant had 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. 6. 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." 7. Reference may also be made to the recent decision of the Hon'ble Apex Court in the case of Serious Fraud Investigation Office vs. Aditya Sarda (Criminal Appeal No.NIL of 2025 arsing out of Special Leave Petition (Criminal) No.13956 of 2023) decided on 09.04.2025. 8. In view thereof, such conduct of the applicant does not entitle him for grant of anticipatory bail. 9. Accordingly, the application is hereby rejected. Order Date :- 14.5.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad