HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8340 of 2025 Court No. - 71 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. and perused the record. This Criminal Misc. Anticipatory Bail Application has been moved by the applicant after rejecting his anticipatory bail application by the order dated 05.08.2025 passed by Additional Session Judge/Special Session Judge (POCSO Act), Court No. 3, Prayagraj, seeking Anticipatory Bail in Case Crime No. 40 of 2025, under Sections 64(1), 351(3) BNS, police station Bara, district Prayagraj during the pendency of the investigation. As per prosecution case, in brief, complainant, who is victim of this case, got an F.I.R. lodged on 02.05.2025 against Shivendra Singh and Ramesh Singh (applicant) making allegation inter alia that on 22.03.2025 at about 01:00 P.M., she was called by co-accused Shivendra Singh at Jari to get her treatment done by sorcerer (Ojha). Thereafter, his brother-in-law (jija) took her on his motorcycle to the jungle situated adjacent to Sonvarsa Pahadi and committed rape on her. It is argued by learned counsel for the applicant that the applicant has been falsely implicated in this case. The F.I.R. has been lodged after a delay of about 40 days. No incident took placed as alleged by the victim. The victim has lodged the F.I.R. with a view to extract money Versus Counsel for Applicant(s) : Mohd. Akbar Shah Alam Khan Counsel for Opposite Party(s) : G.A. Ramesh Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) from the applicant, who has no criminal history to his credit, therefore, he may be granted anticipatory bail. On the other hand, learned Additional Government Advocate for State opposed the prayer for granting anticipatory bail to the applicant by contending that as per the F.I.R. and statement of the victim, there is serious allegation of rape against the applicant Ramesh Singh, hence the anticipatory bail application of the applicant is liable to be rejected. Having heard the submissions of learned counsel for the parties, I find that investigation in the matter is still pending. The victim has made allegation of rape on her against the applicant. The offence is heinous in nature. At this stage, I do not find any good ground to disbelieve the statement of the victim recorded during investigation. 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 applicants to flee from Justice, apprehension of tampering 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. In the light of above, looking to the facts and circumstances of this case, submissions of learned counsel for the parties as mentioned above, taking into consideration the role assigned to the applicant as per prosecution case, gravity and nature of accusation, this Court is of the view that no case for exercising its discretionary power under Section 482 BNSS is made out in favour of applicant. Accordingly, this application under Section 482 BNSS is rejected. NABAIL No. 8340 of 2025 2 It is clarified that anything said in this order at this stage is limited to the purpose of determination of this anticipatory bail application and will in no way be construed as an expression on the merits of the case. October 14, 2025 Shubham NABAIL No. 8340 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad