HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14256 of 2023 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Sri Mohammad Faiz, Advocate holding brief of Sri Irshad Ahmad, learned counsel for the applicant and Sri Manav Chaurasiya, learned A.G.A. for the State-respondent are present. 2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No.494 of 2019, under Sections 109, 147, 149, 188, 332, 336, 427, 436 IPC and Sections 3/4 Prevention of Damage to Public Property Act, 1984 and Section 7 Criminal Law Amendment Act, 1934, Police Station Sambhal, District Sambhal, with a prayer to enlarge him on anticipatory bail. 3. Learned council for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter and charge- sheet has been filed, therefore, there is no need of custodial interrogation of the applicant. 4. He further submits that applicant is not having any criminal history to his credit. 5. He further submits that therefore considering the above facts applicant may be enlarged on anticipatory bail. 6. Per contra; learned A.G.A. opposed the prayer for anticipatory bail and submits that the instant anticipatory bail application is pending since the year 2023 and as per his instructions, after submission of the charge-sheet, applicant is not cooperating with the trial and applicant and other accused Versus Counsel for Applicant(s) : Irshad Ahmad Counsel for Opposite Party(s) : G.A. Mouzam Khan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) are not appearing before the trial court and therefore, trial court is continuously issuing N.B.W. against them. 7. He further submits that as prima-facie, it reflects that applicant is evading the process and his arrest therefore, considering the law laid down by the Apex Court in the case of Srikant Upadhyay & Ors vs. State of Bihar & Anr., 2024 INSC 202 applicant does not deserve anticipatory bail. 8. I have heard both the parties and perused the record of the case. 9. Considering the fact that instant anticipatory bail application is pending since the year 2023, a report was called from the court concerned, which is now on record and from its perusal, it reflects that after submission the charge-sheet when applicant was summoned then inspite of service of summon, he did not appear before the trial court and therefore, on 21st November, 2021 N.B.W. was issued against him and since then continuously coercive measures are being taken against the applicant and other accused. As per the report of the court concerned dated 15th September, 2025, it also reflects that due to the non-cooperation of the applicant and other co-accused till date case could not be even committed to the court of sessions, therefore, prima-facie it appears that applicant is trying to evade the process and his arrest. 10. Therefore, considering the above facts of the case and the observation made by the Apex Court in the case of Srikant Upadhyay & Ors (supra), I am not inclined to release the applicant on anticipatory bail. 11. Accordingly, instant anticipatory bail application stands dismissed September 22, 2025 Zafar ABAIL No. 14256 of 2023 2 (Sameer Jain,J.) Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad