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2025 DAILYLAW 6188 (ALL)

KESHAV BAGHEL ALIAS NAHNU v. STATE OF U.P. AND ANOTHER

NABAIL/310/2025 · 2025-02-05

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:17158 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 310 of 2025 Applicant :- Keshav Baghel Alias Nahnu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shivang Shukla,Shubhang Shukla Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Shivang Shukla, 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 anticipatory bail in Case Crime No 645 of 2024, under Sections 309(2), 317(2) of BNS, Police Station Sadar Bazar, District Agra. 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 not named in the FIR and his name surfaced in the statement of co-accused. Applicant has criminal history, the same has been explained in bail application. No alleged recovery has been made form the possession of the applicant. 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 bail and has submitted that there is direct allegation against the applicant. Applicant's name surfaced in the statement of co-accused and there is specific role assigned to the applicant and custodial interrogation is necessary for fair investigation, moreover, applicant has 14 cases of criminal history, as such, 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 anticipatory bail 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 is rejected. Order Date :- 6.2.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad