Neutral Citation No. - 2025:AHC:55577 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2869 of 2025 Applicant :- Ashish Yadav @ Ashish Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant as well as Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 61 of 2024, under sections 419, 420 of I.P.C. and Section 66D of Information Technology Act, Police Station Jhunsi, District- Prayagraj. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case 4. Per contra, learned A.G.A opposed the prayer for anticipatory bail and submits that the investigation is pending in the matter. A prima facie case is made out. Referring to the provisions of Section 41A of Cr.PC. it is submitted that since offences levelled in the first information report are punishable up to seven years only the applicant cannot be arrested. An apprehension of arrest shown in the anticipatory bail is not genuine. Thus prayer has been made for rejection of anticipatory bail. 5. I have considered the rival submissions raised by learned counsel for the parties. 6. In the matter, it is evident from the record that anticipatory bail has been moved for the offences in which the maximum punishment is of seven years. There is a specific provision under Section 41A of Cr.PC. on point of arrest of the accused relating to the offences punishable up to seven years. Until and unless the mandate given in Section 41A of Cr.PC. is complied by the Investigating Officer, accused of such offences cannot be arrested. 7. Thus keeping in view of the statutory provisions on point of arrest of the accused, the Court is of the opinion that there is no need of anticipatory bail as the applicant cannot be arrested without complying with the provision given in Section 41A of Cr.PC. Specific provisions under Section 41A of Cr.PC. have been provided giving protection to the accused persons from arrest in offences punishable up to seven years punishment. Thus, prayer made in the present application is refused. 8. With the above observations, the present application stands disposed of. Order Date :- 16.4.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad