Neutral Citation No. - 2025:AHC:21790 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 732 of 2025 Applicant :- Raj Alias Kala Alias Sohanvir Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Hemant Kumar Counsel for Opposite Party :- G.A.,Sunil Kumar Dubey Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, 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 bail in Case Crime No.97 of 2024, under Sections 420, 406, 467, 468, 471, 504, 506 I.P.C., Police Station Badaut, District Baghpat. 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. Allegation in the FIR is that the applicant received an amount of Rs.24 lacs for providing job to the informant in the Railway Department. Applicant handed over fabricated joining letter and I-card to the informant. Learned counsel for the applicant submits that instant FIR lodged after about eight years and during investigation, Investigating Officer has not collected any evidence in regard to transaction of Rs.4 lacs, as stated in the FIR. He has not provided any appointment letter and I-card to the informant. He next submitted that the applicant has one case of criminal history, in which he has been granted anticipatory bail. Investigation is going on. 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. and learned counsel for the informant have vehemently opposed the prayer for anticipatory bail. Learned counsel for the informant has submitted that applicant is named in the FIR and allegation against the applicant prima-facie discloses applicant's involvement in the present case. Applicant after receiving money handed over appointment letter and I-card to the informant which has found forged and fabricated. Learned counsel for the informant next submitted that applicant has not explained one case of criminal history. 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 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. Prima-facie offence is made out against the applicant. Applicant is named in the FIR and it is not a case of false implication. No interference is warranted. 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- Raj @ Kala @ Sohanvir, involved in aforesaid case crime is, hereby, rejected. Order Date :- 14.2.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad