HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9919 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Learned counsel for the applicant and Learned A.G.A. for the State as well as perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.680 of 2008, under Section 135 Electricity Act, 2003 at Police Station-Etmadpur, District-Agra, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the abovementioned case. 3. Learned A.G.A. has raised a preliminary objection that the applicant was on bail and on the date fixed, he did not appear before the Trial Court, which led to issuance of non-bailable warrants against the applicant. Learned A.G.A. has submitted that the applicant had moved an Application under Section 528 BNSS No.33596 of 2026 challenging the non-bailable warrants dated 29.07.2026 and this Court had stayed the execution of the non-bailable warrants for a period of fifteen days on the request of the applicant granting him time to appear before the concerned Court and apply for bail. The further direction in the order dated 14.08.2026 passed by this Court was that in case the applicant does not follow the order passed by this Court, the Court concerned shall be at liberty to proceed against the applicant. Learned A.G.A. has further submitted that another Application under Section 528 BNSS No.32933 of 2026 has been filed by the applicant challenging the charge which is Versus Counsel for Applicant(s) : Anshul Kumar Singhal, Vikrant Singh Parihar Counsel for Opposite Party(s) : G.A. Raju Agarwal .....Applicant(s) State of U.P. .....Opposite Party(s) pending consideration before this Court. Learned A.G.A. has stated that the applicant being an absconder may not be considered for grant of anticipatory bail. 4. The objection raised by Learned A.G.A. is sustainable. The applicant was on regular bail. He did not appear before the Trial Court on the date fixed which led to issuance of non-bailable warrants against him. In the opinion of this Court, when the applicant is on bail and does not appear before the concerned Court for which non-bailable warrants are issued, an application for anticipatory bail cannot be maintained. 5. The argument of Learned counsel for the applicant is that due to the medical condition of the applicant he could not comply with the earlier order of this Court passed in NA528 No.33596 of 2026 and he has prayed that some time may be granted to the applicant to appear before the concerned Court as he is medically unfit and has to undergo dialysis twice a week. 6. This prayer of Learned counsel for the applicant is also not sustainable as this Court while exercising jurisdiction under Section 482 BNSS cannot modify the order passed by this Court in NA528 No.33596 of 2026. 7. This application is not maintainable and is hereby dismissed. September 30, 2026 A. Pandey NABAIL No. 9919 of 2026 2 (Rajiv Lochan Shukla,J.) Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad