Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:22905 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1229 of 2025 Applicant :- Sanoj Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Jai Prakash Singh,Sanjay Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard Sri Sanjay Kumar Pal, 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 anticipatory bail in Case Crime No. 221 of 2024, under Sections 316, 318, 319 of BNS, P.S. Ranipur, District Mau, during pendency of trial.
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. In case, the applicant is released on bail, he 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. Per contra, learned A.G.A. has vehemently opposed the prayer for bail and has raised objection that applicant has not explained criminal history in the present anticipatory bail application as applicant has not come up before this Hon'ble Court with clean hands. Prima facie, offence is made out against the applicant. It is not a case of false implication. Hence, the anticipatory bail application of the applicant may be rejected.
5. The object of Anticipatory bail 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. 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. No interference is warranted.
8. Accordingly, the anticipatory bail application is rejected.
Order Date :- 18.2.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad