Neutral Citation No. - 2025:AHC:107413 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5166 of 2025 Applicant :- Hari Shanker Prasad And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Jawahir Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. This application has been filed seeking anticipatory bail in Case Crime No. 142 of 1993, under Sections 216, 379, 420, 409, 120-B, 467, 468, 471 I.P.C. and Section 5/8 Prevention of Electric Wire and Transformer Theft Act, Police Station- Pilakhua, District- Hapur. 2. At the outset, Sri Rupak Chaubey, learned A.G.A. submits that after conclusion of investigation, charge-sheet was submitted against the applicants. The court concerned had taken cognizance and summoned the applicants on 16.01.2003. The applicants failed to appear before the court concerned. Consequently, non-bailable warrant was issued on 20.12.2003. Process under Section 82 Cr.P.C. has also been issued against the applicants on 18.04.2024, on that ground, he submits that the applicants are not entitled to be enlarged on anticipatory bail. 3. Heard counsel for the applicants, Sri Rupak Chaubey, learned A.G.A. for the State and perused the record. 4. A perusal of the order-sheet reflects that the charge-sheet was submitted against the applicants. The court concerned had taken cognizance and summoned the applicants on 16.01.2003. Applicants failed to appear before the court concerned. Consequently, non-bailable warrant was issued on 20.12.2003. The applicants are absconding and is evading the process of law. Process under Section 82 Cr.P.C. has also been issued against the applicants on 18.04.2024. The applicants are well aware of the pending proceedings. The issuance of coercive measures against the applicants by the concerned court has also not been disputed by the counsel for the applicants. 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. 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. 7. In view thereof, such conduct of the applicants do not entitle them for grant of anticipatory bail. 8. Accordingly, the application is hereby rejected. Order Date :- 8.7.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad