HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7582 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. This application has been filed seeking anticipatory bail in Case Crime No. Nil of 1997, under Sections 406, 420 I.P.C., Police Station- Kotwali Dehat, District-Etah. 2. At the outset, Sri V.P.Tripathi, learned A.G.A. submits that after conclusion of investigation, charge-sheet was submitted against the applicant on 31.05.2000. The court concerned had taken cognizance and summoned the applicant. The applicant filed an application under Section 482 Cr.P.C. No. 6800 of 2002 (Anand Swarup Vs. State of U.P.) challenging the charge- sheet dated 31.05.2000 and proceedings of the aforesaid case. The Court vide order dated 30.07.2002 stayed the proceedings of the aforesaid case. The said application was dismissed on 05.03.2020. Subsequent thereto, the applicant failed to appear before the court concerned. Consequently, bailable warrant was issued on 13.09.2024 and non-bailable warrant was issued on 17.10.2024. Thereafter, proclamation under Sections 82 Cr.P.C. and proceedings under Section 83 Cr.P.C. has also been issued on 17.03.2025, on that ground, he submits that the applicant is not entitled for grant of anticipatory bail. 3. Heard learned counsel for the applicant, Sri V.P.Tripathi, learned A.G.A. for the State and perused the record. 4. A perusal of the record reflects that the charge-sheet was submitted against the applicant on 31.05.2000. The court concerned had taken Versus Counsel for Applicant(s) : Tanisha Jahangir Monir Counsel for Opposite Party(s) : G.A. Anand Swaroop .....Applicant(s) State of U.P. and Another .....Opposite Party(s) cognizance and summoned the applicant. The applicant filed an application under Section 482 Cr.P.C. No. 6800 of 2002 (Anand Swarup Vs. State of U.P.) challenging the charge-sheet dated 31.05.2000 and proceedings of the aforesaid case. The Court vide order dated 30.07.2002 stayed the proceedings. The said application was dismissed on 05.03.2020. Subsequent thereto, the applicant applicant failed to appear before the court concerned. Consequently, bailable warrant was issued on 13.09.2024 and non-bailable warrant was issued on 17.10.2024. The applicant is absconding and is evading the process of law. Proclamation under Sections 82 Cr.P.C. and proceedings under Section 83 Cr.P.C. has also been issued on 17.03.2025. 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 NABAIL No. 7582 of 2025 2 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 applicant does not entitle him for grant of anticipatory bail. 8. Accordingly, the application is hereby rejected. September 16, 2025 Lbm/- NABAIL No. 7582 of 2025 3 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad