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Neutral Citation No. - 2025:AHC:12460 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 617 of 2025 Applicant :- Nasir Rana Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard Sushil Kumar Pandey, 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 anticipatory bail in Case Crime No 357 of 2024, under Sections 191(2), 121(1), 132, 115(2), 352, 351(2), 131, 125, 324(4), 324(5), 109, 75(2) of BNS and Section 7 of Criminal Law Amendment Act, Police Station Civil Line, District Muzaffarnagar. 3. Allegation in the FIR is that applicant, named accused persons and 200-300 unknown persons intercepted and misbehaved with the team of DGGI, Meerut Zonal Unit, who made raid over Rana Steel Company, Muzaffarnagar. 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 not named in the FIR, during investigation, applicant has been implicated in the present case. Applicant is press reporter of Shah Times, as such, applicant has no concern with the alleged offence. Applicant has no previous criminal history. 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 bail and has submitted that there is direct allegation against the applicant. From the statement of one Shreya Gupta, who is Deputy Director in GST of DGGI, Meerut Zonal Unit, prima facie offence is made out against the applicant. From the statement recorded U/s 180 and 183 BNSS, allegation against the applicant is that he stopped the raid team and misbehaved with them. It is not a case of false implication, as such, 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 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. Considering the involvement of the applicant in the present case as he intercepted and misbehaved with the team of DGGI, Meerut Zonal Unit, prima facie offence is made out against the applicant. Applicant has tried to disturb the raid team. He also tried to obstruct official in fair investigation and mishandled the raiding team officials which is evident from statement recorded U/s 180 and 183 BNSS. Hence, this Court does not find any good ground to grant anticipatory bail to the applicant in the aforesaid case. No interference is warranted. 8. Accordingly, the anticipatory bail application of applicant-Nasir Rana, is hereby rejected. Order Date :- 24.1.2025 Nitin Verma (Deepak Verma, J.) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad