An absconder/fugitive of law is not entitled to anticipatory bail.

JUDGMENT :

1. The present application under Section 438 Cr.P.C. has been filed by the accused-applicant, Abbas Ansari, a sitting Member of Legislative Assembly of Uttar Pradesh from Mau Assembly Constituency apprehending his arrest in Criminal Case No.54481 of 2020, arising out of Crime No.431 of 2019, Under Sections 420, 467, 468, and 471 IPC and Section 30 Arms Act, Police Station Mahanagar, District Lucknow, pending before the Court of learned Special Additional Chief Judicial Magistrate(MP/MLA Cases), Court No.27, Lucknow after his Anticipatory Bail Application No.6539 of 2022 got rejected by the learned Additional Sessions Judge, Court No.XIX, Lucknow/Special Court, M.P./M.L.A., District Lucknow vide order dated 4.8.2022.

2. Brief facts of the prosecution case as given in the F.I.R. No.431 of 2019, dated 12.10.2019 registered under Sections 420, 467, 468, and 471 IPC and Section 30 Arms Act, Police Station Mahanagar, District Lucknow, are that the accused-applicant was issued Arm License No.1628/P.S. Mahanagar/Lucknow in the year 2012 for a 12 bore DBBL Gun.

3. On an application given to the Joint Commissioner of Police (Licensing Unit), New Delhi, the license bearing No. SDVS/2/2015/1 and UID No.106750021283342015 was transferred and registered at the address of the accused-applicant, Abbas Ansari, S/o Mukhtar Ansari at 111/A/9, Ganpati Niwas, Kishangarh, Vasant Kunj, New Delhi. Accused-applicant, who is claiming himself to be a renowned shooter, got seven more weapons endorsed on the said license, details of which would read as under:-

4. It is alleged that the accused-applicant got the arm license issued by the District Magistrate, Lucknow transferred to New Delhi without giving any prior information regarding the same to the authorities at Lucknow and did not inform the concerned Police Station, i.e. Mahanagar Police Station, and for that reason, one firearm is shown to be registered concurrently at two States at different arms license having different UIDs. It is further alleged that the accused-applicant deliberately concealed the said information form the authorities, including the police station, with an intention to illegally buy and use the firearms. Further allegation is that the accused-applicant has purchased and got registered several weapons on the said license illegally and in an unauthorized manner. As many as 4431 cartridges were recovered from the possession of the accused-applicant by the police and many of these cartridges are metal jacketed. As a shooter, keeping the metal jacketed cartridges for shooting purposes, is against the law and against the standard prescribed by the International Shooting Sport Federation (ISSF).

5. Accused-applicant imported one Rifle and six Barrels on 6.8.2016 in violation of Import Permit No.NRAI/IMPP/861/1785/2015, dated 2.9.2015 as the said permission was for one Rifle and one barrel only. The accused-applicant had also imported two barrels i.e. (I) .375 (9.52 mm) Bore No.R/101633 and (ii) .458(11.63 mm) Bore No.R/109355. Out of the above, six Barrels two were of prohibited bores and were not permissible for usage by a shooter as per the then existing Ministry of Ho