Neutral Citation No. - 2025:AHC:21689 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 731 of 2025 Applicant :- Smt. Prem Alias Premwati And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rajneesh Kumar Upadhyay Counsel for Opposite Party :- G.A.,Pramod Shukla Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, 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 applicants for enlarging them on bail in Case Crime No.563 of 2024, under Sections 147, 148, 149, 452, 504, 427, 307 I.P.C., Police Station Baghpat District Baghpat. 3. It is submitted by learned counsel for the applicants that applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Applicants are lady having no concern with the alleged incident. Investigation is going on. 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. and learned counsel for the informant have vehemently opposed the prayer for bail. Learned counsel for the informant has raised objection that the applicants were not participated in the investigation proceeding, therefore, Investigating Officer has issued non-bailable warrant and thereafter moved application for proclamation under section 82 Cr.P.C. and the court concerned by order dated 10.01.2025, has passed order for issuance of proclamation section 82 Cr.P.C. against the applicants. The applicants are not entitled for any indulgence by this Court. Hence, the anticipatory bail application of the applicants may be rejected. 5. The object of Section 438 of the Code of Criminal Procedure 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. Heard learned counsel for both the parties. Applicants are not participated in the investigation proceeding, which is evident from the report of S.I., photocopy of the same is taken on record. 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. 8. Accordingly, the anticipatory bail application of the applicants- Smt.Prem @Premwati & Smt.Purnima Das, involved in aforesaid case crime is, hereby, rejected. 9. Considering the aforesaid alternative prayer of the applicants, it is directed that if applicants surrender before the concerned court below within two weeks from today and apply for regular bail, the bail application shall be decided expeditiously by the courts below in accordance with law. 10. For the period of two weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them. Order Date :- 14.2.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad