Neutral Citation No. - 2025:AHC:25081 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 86 of 2025 Applicant :- Sherdeen And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Adarsh Tiwari,Akash Pundir Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The instant anticipatory bail application has been moved by the applicants for enlarging them on bail in Case Crime No.119 of 2006, under Sections 147, 323, 332, 353 & 364 I.P.C., Police Station Bhawanpur, District Meerut. 3. It is submitted by learned counsel for the applicants that applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Applicants are not named in the FIR. Investigating Officer has submitted charge-sheet against the applicants and charge-sheet is not supported by any material evidence. Then applicants filed Application u/s 482 Cr.P.C.No.11868 of 2008 before this Court in the year 2008 and this Court by order dated 27.05.2008 stayed the further proceeding of the case. Thereafter 482 application of the applicant has been dismissed on 05.11.2020. Learned counsel for the applicants submits that they have no knowledge regarding dismissal of Application u/s 482 Cr.P.C. It is submitted that the applicants are apprehensive of imminent arrest. In case, the applicants are released on bail, they 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 applicants after getting knowledge of summons and charge-sheet had filed Application u/s 482 Cr.P.C. and Application u/s 482 Cr.P.C. was dismissed on 05.11.2020. Applicants since last two years have not cooperated with trial proceeding and deliberately avoiding the trial proceeding. The applicants are not entitled for any indulgence by this Court. Hence, the anticipatory bail application of the applicants may be rejected. 5. The object of Section 438 of the Code of Criminal Procedure 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. 8. Accordingly, the anticipatory bail application of the applicants- Sherdeen, Shahnawaz & Afsar involved in aforesaid case crime is, hereby, rejected. 9. Considering the aforesaid alternative prayer of the applicants, it is directed that if applicants surrender before the concerned court below within two weeks from today and apply 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 applicants before the Court below, whichever is earlier, no coercive action shall be taken against them. Order Date :- 20.2.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad