Neutral Citation No. - 2025:AHC:24675 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 899 of 2025 Applicant :- Sachin Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kavita Mishra,Thakur Prasad Dubey 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 Complaint Case No.1376 of 2020, under Sections 498-A I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station Kydganj, District Prayagraj. 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 husband and marriage was solemnized in the year 2017. After marriage one daughter born. Demand of dowry as alleged in the FIR is false and baseless and not supported by any evidence. Learned magistrate without applying his judicial mind, issued summons against the applicant. 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. 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. From the record, it is apparent that the applicant is named in the FIR and after two years of marriage, applicant has lodged FIR in regard to demand of dowry. The trial court by order dated 01.12.2021 issued summon against the applicant but applicant since last three years avoiding summon and did not appear before the trial court. From perusal of FIR and other evidence, it is apparent that earlier parties were tried to resolve the matter but the court on the request of the applicant sent the matter to the Mediation Centre. Without expressing any opinion on merits of the case and considering the submissions advanced, the nature and gravity of the accusation, this Court does not found any good ground to grant anticipatory bail to the applicant in the aforesaid case. 8. Accordingly, the anticipatory bail application of the applicant- Sachin Gupta, involved in aforesaid case crime is, hereby, rejected. 9. Considering the aforesaid alternative prayer of the applicant, it is directed that if applicant surrenders before the concerned court below within two weeks from today and applies 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 applicant before the Court below, whichever is earlier, no coercive action shall be taken against him. Order Date :- 20.2.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad