Neutral Citation No. - 2025:AHC:33882 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1716 of 2025 Applicant :- Deepak Kumar Valmiki Opposite Party :- State of U.P. Counsel for Applicant :- Jay Prakash Yadav Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This is second instant anticipatory bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 399 of 2024 under Sections 318(2), 338, 336(3), 340(2), 61(2), 317(5), 111 and 336(1) of B.N.S. 2023 Police Station Kotwali Nagar, District-Muzaffar Nagar during the pendency of trial. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He next submitted that first anticipatory bail application was decided by order dated 04.12.2024 granting liberty to the applicant to surrender before the court below and till such time interim protection was granted by providing that no coercive action shall be taken against him. However, the applicant failed to comply with the aforesaid order. 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. 4. Learned A.G.A. has vehemently opposed the prayer for bail and has submitted that applicant's first anticipatory bail application was decided on 04.12.2024. There is no fresh ground for interference, as such, prima facie offence is made out against the applicant. 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. 8. Accordingly, the anticipatory bail application is rejected. Order Date :- 7.3.2025 SY Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad