Neutral Citation No. - 2025:AHC:79001 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3539 of 2025 Applicant :- Sagir Khan Urf Khan Sagir Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Lalji Yadav,Yashpal Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri Nagendra Kumar Mishra, learned Brief Holder for the State, and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 339 of 2023, under Sections 420, 406 I.P.C., Police Station Ahirauli Bazar, District Kushinagar. 3. Learned 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 Brief Holder for the State 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 Sections 41 and 41-A Cr.P.C. 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 seven years. There is a specific provision under Sections 41 and 41-A Cr.P.C. on point of arrest of the accused relating to the offences punishable up to seven years. Until and unless the mandate given in Sections 41 and 41-A Cr.P.C. is complied by the Investigating Officer, accused of such offences cannot be arrested. 7. Thus, keeping in view 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 provisions given in Sections 41 and 41-A Cr.P.C. Specific provisions under Sections 41 and 41-A Cr.P.C. have been provided giving protection to the accused persons for arrest of 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 :- 14.5.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad