Neutral Citation No. - 2025:AHC:50618 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2404 of 2025 Applicant :- Sheoram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Araf Khan,Lihazur Rahman Khan 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 with a prayer to grant anticipatory bail to the applicant in Case No. 551 of 2002, Crime No.128 of 2001, under Section 460 I.P.C., P.S. Sheorajpur, District Kanpur Nagar, during pendency of trial. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Instant F.I.R. has been registered in the year 2001. Thereafter, the applicant challenged the F.I.R. before this Court by filing Crl. Misc. (Habeas Corpus) Writ Petition No.43301 of 2001 and the Division Bench of this Court vide order dated 18.12.2001 dismissed the writ petition. The Investigating Officer submitted charge sheet against the applicant. Then the applicant challenged the charge sheet by filing Crl. Misc. Application No. 613 of 2002 and this Court vide order dated 25.01.2002 stayed the arrest of the applicant/petitioner. Thereafter, in the year 2013 application under Section 482 Cr.P.C. was dismissed for want of prosecution. It is further submitted that after that applicant has not received any notice from the court and non bailable warrant has been issued. Counsel for the applicant submits that applicant will co-operate with the trial proceedings. The instant case is squarely covered under section 482 BNS. The applicant has no criminal history to his credit. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police. 4. Learned A.G.A. vehemently opposed the prayer for bail and submitted that prima facie offence against the applicant is made out. The application under Section 482 Cr.P.C. was dismissed by this Court in the year 2013 and thereafter, after about 12 years, the applicant has not appeared before the trial court. The applicant is named in the F.I.R. The applicant is not entitled for any indulgence by this Court. Hence, the anticipatory bail application of the applicants may be rejected. 5. In Satpal Singh vs. State of Punjab (2018) 13 SCC 813, the Supreme Court has held that the satisfaction of the court for granting protection under Section 438 Cr.P.C. is different from the one under Section 439 Cr.P.C. while considering regular bail. In Pratibha Manchanda and another Vs. State of Haryana and another (2023) 8 SCC 181, the Apex Court has opined that the relief of anticipatory bail is aimed at safeguarding individual rights. While it serves as a crucial tool to prevent the misuse of the power of arrest and protects innocent individuals from harassment, it also presents challenges in maintaining a delicate balance between individual rights and the interests of justice. The tight rope we must walk lies in striking a balance between safeguarding individual rights and protecting public interest. 6. Considered the argument raised by counsel for the applicant and perused the record. After dismissal of 482 application, applicant did not appear before the trial court. More than twelve years, he avoided the trial proceedings. 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. 7. The present anticipatory bail application is hereby found devoid of merits and is accordingly rejected. 8. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of anticipatory bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 8.4.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad