Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:30286 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1235 of 2025 Applicant :- Kulvant And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava,Shivangi Bhargava Counsel for Opposite Party :- G.A.,Mahendra Pal Singh Gaur,R.U. Rinki Renu 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 applicant for enlarging him on anticipatory bail in Case Crime No. 65 of 2024, under sections 323, 324, 308 and 504 I.P.C., P.S. Baheri, District-Bareilly, during pendency of trial. 3. It is submitted by learned counsel for the applicants that applicant no. 1 Kulvant has been arrested by the police and as such he is not pressing the anticipatory bail application of applicant no. 1. He is pressing the anticipatory bail application only on behalf of applicant no. 2 Kuljeet Kaur. 4. It is next submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He further submits that applicant no. 2 is unmarried daughter of applicant no. 1. As per prosecution case only general role has been assigned to all the accused persons. No specific role has been assigned to applicant no. 2. He also submits that it is also a cross version of F.I.R., in which both the side have sustained injuries. He lastly submits that in case, the applicant is released on bail, she would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police. 4. Learned A.G.A. has vehemently opposed the prayer for bail and has submitted that the injured has sustained grievous injuries. He next submits that prima facie offence is made out against the applicant. The applicant is not participating in the trial
proceedings that's why non bailable warrant and process under section 82 Cr.P.C. has been issued against the applicant. 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 BNSS 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. Considered the argument raised by counsel for the applicants and perused the 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 granting anticipatory bail to the applicant no. 2 in the aforesaid case. No interference is warranted. 8. Accordingly, the anticipatory bail application of the applicant, Kuljeet Kaur, is rejected. 9. However, if the applicant surrenders before the concerned court within two weeks from today and applies for regular bail, the bail application shall be decided expeditiously by the court concerned, in accordance with law laid down by the Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 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 the applicant.
Order Date :- 3.3.2025/Faridul Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad