Neutral Citation No. - 2025:AHC:48256 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2580 of 2025 Applicant :- Shokeen Opposite Party :- State of U.P. Counsel for Applicant :- Gayyoor Ali,Noor Ahmed 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.138 of 2018, under Sections 498-A, 376, 377, 323, 504, 506, 328, 307, 511 I.P.C., Police Station Ratanpuri, District Muzaffarnagar. 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. Applicant is named in the FIR but prima-facie no offence is made out against the applicant. Applicant is distant relative of the informant. Instant FIR is registered with malice intention and Investigating Officer has submitted charge- sheet against the applicant. Thereafter, applicant challenged the charge-sheet by filing Criminal Misc.Application u/s 482 No.18066 of 2019 and coordinate Bench of this Court by order dated 06.05.2019 had passed order that no coercive action shall be taken against the applicant. Thereafter, 482 Cr.P.C.application of the applicant was dismissed for want of prosecution by order dated 14.08.2024. After dismissal, applicant did not appear before trial court, therefore, on the same day they issued non-bailable warrant against the applicant. It is a no injury case. 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 anticipatory bail and has submitted that charge-sheet has been submitted against the applicant and prima-facie offence is made out against the applicant. Role of firing has been assigned to applicant and non-bailable warrant has been issued against the applicant. Applicant did not cooperate with the trial proceeding. 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 of 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 both the parties. Applicant is named in the FIR. It is not a case of false implication. 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- Shokeen, involved in aforesaid case crime is, hereby, rejected. Order Date :- 5.4.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad