Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:46298 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2166 of 2025 Applicant :- Chandan Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Rituraj Singh,Vishal Jaiswal Counsel for Opposite Party :- Pawan Giri,G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant; learned counsel for the informant; 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 bail in Case Crime No.509 of 2024, under Section 105 B.N.S., P.S. Badlapur, District Jaunpur, during pendency of trial. 3. It is submitted by learned counsel for the applicants that applicant is innocent and has been falsely implicated in the present case due to ulterior motive; there is no direct evidence against the applicant. 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 raised objection that in the present case charge sheet has been submitted and there is no apprehension of arrest as the trial court has not issued summon against the applicant. Prima facie offence against the applicant is made out. The 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. Considered the argument raised by counsel for the applicant and perused the record. 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 granting anticipatory bail to the applicant in the aforesaid case. 8. Accordingly, the anticipatory bail application is rejected. Order Date :- 3.4.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad