Neutral Citation No. - 2025:AHC:10440 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11938 of 2024 Applicant :- Aashu Awasthi Alias Kapil Awasthi Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Pathak Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, 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 bail in Case Crime No.,481 of 2024, under Sections 308(5), 309(4), 352, 115(2), 351(2), 351(3), 317(2) B.N.S, 2023, Police Station Auraiya, District Auraiya. 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. No offence under alleged sections is made out against the applicant. Informant has filed affidavit that by mistake applicant was implicated in the present case. Applicant has one case of criminal history, which has been explained in the affidavit. 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 A.G.A. has vehemently opposed the prayer for anticipatory bail and has submitted that applicant had concealed the criminal history as applicant having criminal history of four cases, which is not explained in the present case. 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 Section 482 of the Bhartiya Nyaya Sanhita, 2023 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. Applicant has filed this anticipatory bail application concealing the facts. Moreover, on perusal of FIR, prima-facie offence is made out against the applicant. It is not a case of false application. Applicant is named in the FIR. 8. 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. 9. Accordingly, the anticipatory bail application of the applicant- Aashu Awasthi @ Kapil Awasthi, involved in aforesaid case crime is, hereby, rejected. Order Date :- 22.1.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad