Headnote
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The applicant filed a third anticipatory bail application under Section 438 Cr.P.C. before the Allahabad High Court (Lucknow Bench) in connection with FIR No. 363 of 2021 under Sections 323, 504, 506, 406, 420, 467, 468, 471 IPC, Police Station Vibhuti Khand, District Lucknow. The application was the third such application after an earlier anticipatory bail granted on 18.11.2022 was cancelled on 05.07.2024 on account of the applicant's non-cooperation with the expeditious disposal of the trial, specifically by repeatedly seeking exemption from personal appearance before the trial court.
Despite the cancellation of his anticipatory bail and the dismissal of his Special Leave Petition by the Supreme Court on 29.07.2024, the applicant failed to surrender before the trial court and instead filed successive anticipatory bail applications before the High Court. The second anticipatory bail application was also rejected on 25.10.2024. The present third application was filed without any change in material circumstances and while the applicant remained a fugitive from justice by refusing to comply with court orders directing his surrender.
The High Court, taking a serious view of the applicant's conduct in repeatedly approaching courts for anticipatory bail while flouting judicial orders to surrender, dismissed the third anticipatory bail application. The Court reiterated that once anticipatory bail is cancelled by a court of competent jurisdiction and the order is affirmed by the Supreme Court, continued non-surrender and filing of successive anticipatory bail applications without new grounds amounts to an abuse of the process of court and is not maintainable.
Catchwords:
anticipatory bail · bail cancellation · non-cooperation with trial · successive anticipatory bail applications · surrender · violation of bail conditions · Section 438 Cr.P.C. · fugitive · abuse of process · exemption from personal appearance
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Full Judgment Text
[Cites 19, Cited by 0]
Allahabad High Court
Navneet Bhadauria @ Navneet Bhadauriya vs State Of U.P. Thru. Prin. Secy. Home, ... on 7 February, 2025
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:8240
Court No. - 31
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2706 of 2024
Applicant :- Navneet Bhadauria @ Navneet Bhadauriya
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow
Counsel for Applicant :- Purnendu Chakravarty,Alok Singh
Counsel f
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