Neutral Citation No. - 2025:AHC:21071 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 653 of 2025 Applicant :- Kanta Nishad And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Indra Deo Yadav,Yashpal Yadav Counsel for Opposite Party :- G.A.,Manoj Kumar Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 2. The instant anticipatory bail application has been moved by the applicants for enlarging them on bail in Case Crime No.34 of 2024, under Sections 323, 452, 308, 504, 506 I.P.C., P.S. Kaptanganj, District Azamgarh, during pendency of trial. 3. It is submitted by learned counsel for the applicants that applicants are innocent and have been falsely implicated in the present case. No role of causing injury is assigned to the applicants. The injury is simple in nature. The whole prosecution story is false and malicious. It is next submitted that the applicant's case is squarely covered under Section 438 Cr.P.C. It is submitted that the applicants are apprehensive of imminent arrest. In case, the applicants are released on bail, they would not misuse the liberty of bail and would cooperate with the investigation. 4. Learned A.G.A. vehemently opposed the prayer for bail and submitted that prima facie offence against the applicants is made out. The injured has received grievous injury and it is not a case of false implication. The applicants have not disclosed criminal history. They are not entitled for any indulgence by this Court. Hence, the anticipatory bail application of the applicants may be rejected. 5. In Satpal Singh vs. State of Punjab (2018) 13 SCC 813, the Supreme Court has held that the satisfaction of the court for granting protection under Section 438 Cr.P.C. is different from the one under Section 439 Cr.P.C. while considering regular bail. In Pratibha Manchanda and another Vs. State of Haryana and another (2023) 8 SCC 181, the Apex Court has opined that the relief of anticipatory bail is aimed at safeguarding individual rights. While it serves as a crucial tool to prevent the misuse of the power of arrest and protects innocent individuals from harassment, it also presents challenges in maintaining a delicate balance between individual rights and the interests of justice. The tight rope we must walk lies in striking a balance between safeguarding individual rights and protecting public interest. 6. After hearing learned counsel for the parties and taking into consideration that the arguments tendered at bar pertain to regular bail application and cannot be agitated at the stage of 438 Cr.P.C., I do not find it a fit case for grant of anticipatory bail to the applicant. 7. The present anticipatory bail application is hereby found devoid of merits and is accordingly rejected. 8. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of anticipatory bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 13.2.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad