Neutral Citation No. - 2025:AHC:47866 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2533 of 2025 Applicant :- Furkan Opposite Party :- State of U.P. Counsel for Applicant :- Shravan Kumar Singh 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 moved by the applicant for enlarging him on bail in Case Crime No.1 of 2025, under Sections 111(2)B, 317(2), 317(4), 317(5), 318(4), 336(2), 336(3), 338 B.N.S., 2023, Police Station Kandhala, District Shamli. 3. It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Police party on 31.12.2024 arrested three persons with two country made pistols, two cartridges, one knife and two number plates. Applicant is not named in the FIR. His name surfaced in the statement of co-accused. Prima-facie no offence under alleged section is made out. Nothing has been recovered from the possession of 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 has submitted that applicant's name has been disclosed by co- accused, who was arrested on the spot and he is named in the FIR. Applicant having criminal history of five cases, which is explained in Para-14 of the affidavit. 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 Section 482 B.N.S. 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. Heard learned counsel for the parties. No interference is warranted. 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 of the applicant- Furkan, involved in aforesaid case crime is, hereby, rejected. 9. Considering the aforesaid alternative prayer of the applicant, it is directed that if applicant surrenders before the concerned court below within two weeks from today and applies for regular bail, the bail application shall be decided expeditiously by the courts below in accordance with law. 10. For the period of two weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him. Order Date :- 4.4.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad