Neutral Citation No. - 2025:AHC:44268 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1715 of 2025 Applicant :- Akram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tahir Husain Farooqui 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. 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. 12 of 2021, under Sections 376, 323, 504, 498-A IPC and Section 3/4 of DP Act, Police Station- Ushait, District- Budaun, till conclusion 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. Earlier informant had lodged an FIR against the applicant registered as Case Crime No.233 of 2020 U/s 323, 498- A, 504, 506 I.P.C. and Section 3/4 of DP Act, P.S. Ushait, Budaun. This is second FIR registered against the applicant by informant under the aforesaid sections with malicious intention. Applicant is devar (brother-in-law) of the informant and he has been implicated only to pressurize the in-laws. Allegation alleged in FIR is false and not supported by any evidence. I.O. after collecting material evidence, had submitted final report/closure report, thereafter, protest application was moved by informant. Learned Magistrate rejected the protest application thereafter revision was filed and Revisional Court vide order dated 18.07.2024 remanded the matter with some directions. He further submitted that no offence under the alleged sections is made out against the applicant. 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 prima facie offence is made out against the applicant. Statement of victim recorded U/s 161 and 164 Cr.P.C. thereafter U/s 202 Cr.P.C. specific allegation of rape is against the applicant. Statement of victim is supported the prosecution case. 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 of applicant- Akram, is hereby rejected. Order Date :- 1.4.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad