Allahabad High Court
Prakhar Upadhyay vs State Of U.P. on 29 July, 2025
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:124952 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5948 of 2025 Applicant :- Prakhar Upadhyay Opposite Party :- State of U.P. Counsel for Applicant :- K.C. Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Copy of C.D.Parcha Nos. 12 and 34 dated 02.08.2024 produced by learned brief holder for the State, are taken on record.
2. This application has been filed seeking anticipatory bail in Case Crime No. 488 of 2024, under Sections 121(1), 132, 109(1), 3(5) BNS and Section 7 Criminal Law (Amendment) Act, Police Station Chaubepur, District Varanasi.
3. At the outset, Sri Anupam Anand, learned brief holder for the State submits that the investigation is pending against the applicant. The applicant is not co-operating in the investigation. He is absconding and evading the process of law. Consequently, non-bailable warrant has been issued against the applicant. Thereafter, process under Section 84 BNSS has also been issued against him. On that ground, he submits that the applicant is not entitled to be enlarged on anticipatory bail.
4. Heard learned counsel for the applicant as well as Sri Anupam Anand, learned brief holder for the State and perused the record.
5. A perusal of the C.D. Parcha Nos. 12 and 34 dated 02.08.2024 indicates that the investigation is pending against the applicant. On 15.10.2024 non-bailable warrant was issued against the applicant and on 02.05.2025 the process under Section 84 BNSS was issued. There is no averment in the entire affidavit that the applicant is co-operating in the investigation and is ready to appear before the investigating agency as and when it is required. Further, issuance of process under Section 84 BNSS against the applicant has not been disputed by the counsel for the applicant.
6. In view thereof, since the applicant is not co-operating in the investigation and has remained out of reach of the investigating agency, this Court is not inclined to interfere in the present application.
7. The application is hereby rejected.
Order Date :- 29.7.2025 Lbm/-