Neutral Citation No. - 2025:AHC:79431 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3773 of 2025 Applicant :- Anil Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pradeep Yadav,Puneet Krishna Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri N.K. Sharma, learned AGA for the State. Perused the material on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 317 of 2025, under sections 303(2), 317(2) and 62(2) B.N.S., Sections 3(1), 58 and 72(6) of Uttar Pradesh Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2021, Sections 4 and 21 of the Mines and Minerals (Development and Regulation) Act, 1957 and Section 3 of the Prevention of Damage to Public Property Act, 1984, Police Station Robertsganj, District- Sonbhadra. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant has no criminal antecedents. Further, the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 5. Per contra, learned AGA 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 35 B.N.S.S 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. 6. I have considered the rival submissions raised by learned counsel for the parties. 7. 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 Section 35 B.N.S.S on point of arrest of the accused relating to the offences punishable up to seven years. Until and unless the mandate given in Section 35 B.N.S.S is complied by the Investigating Officer, accused of such offences cannot be arrested. 8. 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 applicants cannot be arrested without complying with the provision given in Section 35 B.N.S.S Specific provisions under Section 35 B.N.S.S 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. 9. With the above observations, the present application stands disposed of. Order Date :- 14.5.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad