Suresh Vs State of U.P. and Another

The present application has been moved seeking anticipatory bail in Case Crime no.34 S of 2007, under Sections 395, 397, 435 of IPC, Police Station Kotwali Padrauna, District Kushinagar, with the prayer that in the event of arrest, applicant may be released on bail.

It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that as per first information report, the allegation is that the supporters of the then Member of Parliament came and looted the articles of the shop. It is further submitted that there is no service of summon or bailable warrant or non bailable warrant on the applicant and process under Section 82 Cr.P.C. has been issued. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

On the other hand, learned A.G.A. has vehemently opposed the application for anticipatory bail and submitted that the applicant has willfully avoided the process of the Court and has been absconding for the last 18 years and he is not entitled for grant of anticipatory bail.

NABAIL No. 7383 of 2025

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The Hon'ble Apex Court in Lavesh Vs. State (NCT of Delhi) (2012) 8 SCC 730 has held that "Normally, when the accused is "absconding" and declared as a "proclaimed offender", there is no question of granting anticipatory bail. We reiterate that when a person against whom a warrant had been issued and is absconding or concealing himself in order to avoid execution of warrant and declared as a proclaimed offender in terms of Section 82 of the Code he is not entitled to the relief of anticipatory bail."

Considering submissions of learned counsel for the parties and all attending facts and circumstances of the case, without expressing any opinion on the merits of the matter, no case for grant of anticipatory bail is made out.

October 8, 2025 RKM

(Jitendra Kumar Sinha,J.)

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Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad

Suresh v. State of U.P. and Another