HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9661 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. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 1027 of 2001, under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station – Kotwali Nagar, District Bulandshahr, with a prayer to enlarge him on anticipatory bail, as the applicant apprehends his arrest in the aforesaid case. 3. Learned A.G.A. has raised a preliminary objection stating that the applicant was already on regular bail in the present case and had absconded since 2017. The applicant had moved an application under Section 528 BNSS No. 33392 of 2026, which was disposed of by this Court with the direction that the bail application of the applicant shall be decided keeping in view the observations made by the Supreme Court vide order dated 07.10.2021 passed in Satender Kumar Antil vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, as such this anticipatory bail application is not maintainable. 4. The Learned counsel for the applicant contends that despite the direction of this Court, as the present case is a case which is punishable with imprisonment up to ten years and is a case triable by the Special Court with special provisions for bail, the applicant apprehends his arrest and may be considered for grant of anticipatory bail. Versus Counsel for Applicant(s) : Sikandar Khan Counsel for Opposite Party(s) : G.A. Vijay Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. I have considered the submissions made by the learned counsel for the parties. 6. The preliminary objection raised by the Learned A.G.A. is sustainable. Once the applicant, who was on regular bail has absconded, and non- bailable warrants and coercive processes under Sections 82 and 83 Cr.P.C. are stated to have been issued against the applicant, no case for grant of anticipatory bail is made out. The applicant may move an appropriate application before the concerned Court for seeking bail or cancellation of warrants or any other application, as advised, and no further direction is required to be given by this Court. The anticipatory bail application is not maintainable. 7. The anticipatory bail application is hereby dismissed. 8. After the dismissal of the application, the Learned counsel for the applicant states that the applicant is a heart patient who has also undergone surgery and is aged about 58 years, and may be considered for grant of interim relief to approach the concerned Court and move an appropriate application, as advised. 9. Learned A.G.A. has no objection to the said prayer. 10. Taking note of the entire facts and circumstances, as also the fact that the applicant is stated to be medically unfit, it is provided as an interim measure that in case the applicant appears before the concerned Court within four weeks from today and moves an appropriate application as advised, the same may be considered and disposed of without being influenced by any observation made by the Sessions Court while refusing to grant anticipatory bail to the applicant. 11. For a period of only four weeks from today, no coercive action may be taken against the applicant. September 17, 2026 Kushal NABAIL No. 9661 of 2026 2 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad