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2025 DAILYLAW 57619 (ALL)

PAVAN SHAH v. STATE OF U.P. AND ANOTHER

NABAIL/3761/2025 · 2025-05-21

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88340 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3761 of 2025 Applicant :- Pavan Shah Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Copy of C.D. No. 13 dated 13.02.2025 and C.D. No. 25 dated 18.03.2025 produced by Sri Neeraj Kumar Sharma, learned A.G.A. for the State are taken on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 182 of 2024, under Sections 303(2), 317(2), 317(4). 318(4) of B.N.S., Police Station- Anpara, District- Sonbhadra. 3. At the outset, learned A.G.A. for the State submits that the investigation against the applicant is pending. The applicant is not cooperating in the investigation. He is absconding and evading the process of law. Non bailable warrant against the applicant was issued on 13.02.2025 and process under Section 84 B.N.S.S. has been issued on 18.03.2025. On that ground, he submits that the applicant is not entitled to be enlarged on anticipatory bail. 4. Heard counsel for the applicant and learned A.G.A. for the State. Perused the record. 5. Perusal of the case diary shows that the investigation against the applicant is pending. Non-bailable warrant was issued against the applicant on 13.02.2025. Process under Section 84 of B.N.S.S. has also been issued against him. The applicant is absconding and evading the process of law. The issuance of coercive measures against the applicant by the concerned court has not been disputed by the counsel for the applicant. 6. Since the applicant has remained out of reach of the investigating agency, such conduct of the applicant does not entitle him for grant of anticipatory bail. 7. The application is hereby rejected. Order Date :- 22.5.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad