Neutral Citation No. - 2025:AHC:14722 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11308 of 2024 Applicant :- Gagan Tyagi @ Gagandeep Tyagi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adesh Kumar Counsel for Opposite Party :- Chandra Bir Singh,G.A.,Jitendra Singh Hon'ble Deepak Verma,J. 1. Heard Sri Adesh Kumar, learned counsel for the applicant, Sri Jitendra Singh, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2. The instant anticipatory bail application has been moved by the applicant for enlarging him on anticipatory bail in Case Crime No 99 of 2024, under Sections 147, 148, 307, 352, 323, 504, 506, 120- B I.P.C., Police Station Parikshitgarh, District Meerut. 3. It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive; Applicant is not named in the FIR. Applicant's name surfaced in the statement of co-accused. Applicant has one case of criminal history, the same has been explained in para 26 of the bail application. It is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation. 4. Learned counsel for the informant as well as learned A.G.A. have vehemently opposed the prayer for bail and have submitted that there is direct allegation against the applicant as injured as received serious and grievous injuries and applicant's name surfaced in the statement of co-accused, as such, the case is not of false implication. The applicant is not entitled for any indulgence by this Court. Hence, the anticipatory bail application of the applicant may be rejected. 5. The object of anticipatory bail is that a person should not be unnecessarily harassed or humiliated in order to satisfy personal vendetta or grudge of complainant or any other person operating the things directly or from behind the curtains. 6. It is well settled that discretionary power conferred by the legislature on this Court cannot be put in a straitjacket formula but such discretionary power either grant or refusal of anticipatory bail has to be exercised carefully in appropriate cases with circumspection on the basis of the available material after evaluating the facts of the particular case and considering other relevant factors (nature and gravity of accusation, role attributed to accused, conduct of accused, criminal antecedents, possibility of the applicant to flee from justice, apprehension of tempering of the witnesses or threat to the complainant, impact of grant of anticipatory bail in investigation or society etc.) with meticulous precision maintaining balance between the conflicting interest, namely, sanctity of individual liberty and interest of society. 7. Without expressing any opinion on merits of the case and considering the submissions advanced, the nature and gravity of the accusation, I find no good ground for anticipatory bail to the applicant in the aforesaid case. No interference is warranted. 8. Accordingly, the anticipatory bail application of applicant- Gagan Tyagi @ Gagandeep Tyagi, is rejected. 9. However, if the applicant surrender before the concerned court and apply for regular bail, the bail application shall be decided expeditiously by the court concerned, in accordance with law. Order Date :- 31.1.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad