Madan Mohan Shukla v. State Of U.P. Thru. Prin. Secy. Home Lko. And Another

1. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the opposite party no. 2 and perused the record.

2. This the second anticipatory bail application filed in Case No.224 of 2006 under Sections 376 and 506 IPC, P.S. Katra Bazaar, District Gonda. The first anticipatory bail application was rejected on 11.6.2025 by this Court.

3. Learned AGA has raised preliminary objection and submitted that this is the second anticipatory bail application and in support of the bail application, affidavit is not filed by the applicant in accordance with the amended provisions of the High Court Rules.

4. Learned counsel for the applicant further submitted that applicant is suffering from chronic heart disease therefore, he is not able to come to the High Court. In such circumstances, affidavit is filed by near relative of the applicant. Learned counsel submitted that applicant has been falsely implicated in the present case, because FIR was lodged in the year 2006 and the investigation was conducted by the local police on the behest of the local politicians and charge sheet was submitted against the applicant under sections 376, 506 IPC. Thereafter, investigation was assigned to CBCID and the closure report was submitted by the Investigating Officer of CBCID but cognizance was taken by the court below and summons were issued against the applicant.

5. Thereafter, the applicant filed discharge application before the court below which was rejected. Later on, revision was filed. At the same time, the applicant filed Application u/s 482 Cr.P.C. No.9639 of 2023 challenging the proceeding of criminal case No.229 of 2013, arising out Case Crime No.224 of 2 ABAIL No. 1178 of 2025 2006 under Sections 376, 506 IPC., Police Station Katra Bazar, District Gonda against the applicant The said application was dismissed. The applicant did not appear before the trial court on the ground that he was suffering from chronic heart disease and by-pass surgery was also conducted on

11.11.2023.

6. Learned counsel further submitted that earlier anticipatory bail application bearing No.619 of 2025 was filed which was rejected on 11.06.2025. As the applicant is not in a position to attend the court proceedings therefore, he is entitled for anticipatory bail. Learned counsel has also relied upon the decision of Hon'ble Supreme Court in the case of Asha Dubey vs. State of Madhya Pradesh passed in Criminal Appeal No.4564 of 2024 and submitted that no custodial interrogation is required therefore, applicant is entitled anticipatory bail.

7. Learned AGA vehemently opposed the prayer of applicant and submitted that charge sheet was filed against the applicant in the crime in question bearing No.39-B of 2007 which was challenged before this Court in Application No.482 Cr.P.C. No.2852 of 2007, which was dismissed on

01.11.2018 giving liberty to the applicant to move appropriate application to appear before the court below through counsel and also he may move appropriate application before the court concerned and in case any application is filed, same shall be decided on merits. And after deciding the said application, in case the learned court below is of the view that the presence of the applicant is required, the learned court below may pass appropriate order for appearance of applicant and the applicant shall thereafter appear before the court, but applicant avoided to appear before the court concerned and he filed discharge application which was rejected on 06.12.2021 and thereafter criminal revision bearing no. 41 of 2022 was also preferred before the revisional court but the same was also dismissed.

8. Thereafter, instead of appearing before the court concerned, the applicant filed application under Section 482 Cr.P.C. No.9639 of 2023 challenging the proceedings of criminal case no.229 of 2013, arising out of the crime in question, which was also dismissed on 05.10.2023, with the liberty to the applicant to appear before the court below within a period of two weeks from the date of order to avail appropriate remedy provided under law. But the applicant did not appear. Instead, he preferred anticipatory bail application bearing No.619 of 2025, which was rejected on 11.6.2025.

9. As several opportunities were given to the applicant but he never availed after 2018. He never appeared before the court below and after rejection of the discharge application, the applicant is not entitled for any relief. 3 ABAIL No. 1178 of 2025

10. Considering the submissions of learned counsel for the parties, going through the contents of the petition as well as the relevant records, as after investigation, charge sheet 39-B of 2007 was submitted against the applicant under sections 376, 506 IPC which was challenged before this court in Application 482 Cr.P.C. No.285 of 2007 which was dismissed on 01.11.2018 by giving liberty to the applicant to move application before the court concerned through counsel. The court observed that in case the application is decided on merits, then the court below may pass appropriate order for appearance of the applicant and he shall appear before the court.

11. Thereafter, applicant filed discharge application which was rejected by the competent court on 06.12.2021 and which was also challenged before the revisional court and the revision was also dismissed on 24.5.2023. The aforesaid order was neither challenged nor the applicant appeared before the competent court. Thereafter, he preferred application under section 482 Cr.P.C. No.9639 of 2023 challenging the criminal proceedings of Criminal case no.229 of 2013 arising out of charge sheet no.224 of 2006 under sections 376, 506 IPC, PS Katra Bazar, District Gonda, which was also dismissed by this court on 05.10.2023 by giving liberty to the applicant to appear before the court below within a period of two weeks and it was provided that in the meantime, no coercive action shall be taken against the applicant. As the applicant was not cooperating, the proceedings under section 82 Cr.P.C. was already initiated against him.

12. Thereafter, he preferred anticipatory bail application before the court which was dismissed on 11.6.2025 and on the identical ground, he filed second anticipatory bail application. As the judgement relied by the learned counsel for the applicant is not applicable in the present case, and in the present case, applicant is continuously misusing the liberty granted by this court at several stages after 2018 therefore, the present application is misconceived and is, hereby, dismissed. December 9, 2025 Pks (Rajeev Singh,J.) POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench

1. Heard learned counsel for the applicant, learned AGA for the State, learned counsel for the opposite party no. 2 and perused the record.

2. This the second anticipatory bail application filed in Case No.224 of 2006 under Sections 376 and 506 IPC, P.S. Katra Bazaar, District Gonda. The first anticipatory bail application was rejected on 11.6.2025 by this Court.

3. Learned AGA has raised preliminary objection and submitted that this is the second anticipatory bail application and in support of the bail application, affidavit is not filed by the applicant in accordance with the amended provisions of the High Court Rules.

4. Learned counsel for the applicant further submitted that applicant is suffering from chronic heart disease therefore, he is not able to come to the High Court. In such circumstances, affidavit is filed by near relative of the applicant. Learned counsel submitted that applicant has been falsely implicated in the present case, because FIR was lodged in the year 2006 and the investigation was conducted by the local police on the behest of the local politicians and charge sheet was submitted against the applicant under sections 376, 506 IPC. Thereafter, investigation was assigned to CBCID and the closure report was submitted by the Investigating Officer of CBCID but cognizance was taken by the court below and summons were issued against the applicant.

5. Thereafter, the applicant filed discharge application before the court below which was rejected. Later on, revision was filed. At the same time, the applicant filed Application u/s 482 Cr.P.C. No.9639 of 2023 challenging the proceeding of criminal case No.229 of 2013, arising out Case Crime No.224 of 2 ABAIL No. 1178 of 2025 2006 under Sections 376, 506 IPC., Police Station Katra Bazar, District Gonda against the applicant The said application was dismissed. The applicant did not appear before the trial court on the ground that he was suffering from chronic heart disease and by-pass surgery was also conducted on

11.11.2023.

6. Learned counsel further submitted that earlier anticipatory bail application bearing No.619 of 2025 was filed which was rejected on 11.06.2025. As the applicant is not in a position to attend the court proceedings therefore, he is entitled for anticipatory bail. Learned counsel has also relied upon the decision of Hon'ble Supreme Court in the case of Asha Dubey vs. State of Madhya Pradesh passed in Criminal Appeal No.4564 of 2024 and submitted that no custodial interrogation is required therefore, applicant is entitled anticipatory bail.

7. Learned AGA vehemently opposed the prayer of applicant and submitted that charge sheet was filed against the applicant in the crime in question bearing No.39-B of 2007 which was challenged before this Court in Application No.482 Cr.P.C. No.2852 of 2007, which was dismissed on

01.11.2018 giving liberty to the applicant to move appropriate application to appear before the court below through counsel and also he may move appropriate application before the court concerned and in case any application is filed, same shall be decided on merits. And after deciding the said application, in case the learned court below is of the view that the presence of the applicant is required, the learned court below may pass appropriate order for appearance of applicant and the applicant shall thereafter appear before the court, but applicant avoided to appear before the court concerned and he filed discharge application which was rejected on 06.12.2021 and thereafter criminal revision bearing no. 41 of 2022 was also preferred before the revisional court but the same was also dismissed.

8. Thereafter, instead of appearing before the court concerned, the applicant filed application under Section 482 Cr.P.C. No.9639 of 2023 challenging the proceedings of criminal case no.229 of 2013, arising out of the crime in question, which was also dismissed on 05.10.2023, with the liberty to the applicant to appear before the court below within a period of two weeks from the date of order to avail appropriate remedy provided under law. But the applicant did not appear. Instead, he preferred anticipatory bail application bearing No.619 of 2025, which was rejected on 11.6.2025.

9. As several opportunities were given to the applicant but he never availed after 2018. He never appeared before the court below and after rejection of the discharge application, the applicant is not entitled for any relief. 3 ABAIL No. 1178 of 2025

10. Considering the submissions of learned counsel for the parties, going through the contents of the petition as well as the relevant records, as after investigation, charge sheet 39-B of 2007 was submitted against the applicant under sections 376, 506 IPC which was challenged before this court in Application 482 Cr.P.C. No.285 of 2007 which was dismissed on 01.11.2018 by giving liberty to the applicant to move application before the court concerned through counsel. The court observed that in case the application is decided on merits, then the court below may pass appropriate order for appearance of the applicant and he shall appear before the court.

11. Thereafter, applicant filed discharge application which was rejected by the competent court on 06.12.2021 and which was also challenged before the revisional court and the revision was also dismissed on 24.5.2023. The aforesaid order was neither challenged nor the applicant appeared before the competent court. Thereafter, he preferred application under section 482 Cr.P.C. No.9639 of 2023 challenging the criminal proceedings of Criminal case no.229 of 2013 arising out of charge sheet no.224 of 2006 under sections 376, 506 IPC, PS Katra Bazar, District Gonda, which was also dismissed by this court on 05.10.2023 by giving liberty to the applicant to appear before the court below within a period of two weeks and it was provided that in the meantime, no coercive action shall be taken against the applicant. As the applicant was not cooperating, the proceedings under section 82 Cr.P.C. was already initiated against him.

12. Thereafter, he preferred anticipatory bail application before the court which was dismissed on 11.6.2025 and on the identical ground, he filed second anticipatory bail application. As the judgement relied by the learned counsel for the applicant is not applicable in the present case, and in the present case, applicant is continuously misusing the liberty granted by this court at several stages after 2018 therefore, the present application is misconceived and is, hereby, dismissed. December 9, 2025 Pks (Rajeev Singh,J.) POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench