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2025 DAILYLAW 20383 (ALL)

MOHAMMAD FAIZAN v. STATE OF U.P. AND ANOTHER

NABAIL/1332/2025 · 2025-02-26

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27519 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1332 of 2025 Applicant :- Mohammad Faizan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Md. Ateef,Mohd. Arshad Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Mohd. Arshad, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The instant anticipatory bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 864 of 2024, under Sections 191(2), 191(3), 190, 115(2), 352, 109 of BNS, Police Station- Quarsi, District-Aligarh, till conclusion of trial. 4. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Allegation of fire arm has been assigned to other co-accused person. Injured has not taken name of applicant for open fire. Investigation is going on. It has been submitted that in case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail. 5. Learned A.G.A. has vehemently opposed the prayer for bail and has submitted that applicant is named in the FIR. Injured has received grievous injuries. Injury report and statement of injured are supporting the prosecution version, as such, it is not a case of false implication. Hence, the anticipatory bail application of the applicant may be rejected. 7. 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. 8. 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. 9. 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. 10. Accordingly, the anticipatory bail application is rejected. Order Date :- 27.2.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad