Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:17614 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 295 of 2025 Applicant :- Farhat Khan Opposite Party :- State of U.P. Counsel for Applicant :- Abdul Mazeed,Qazi Abid Azam Counsel for Opposite Party :- G.A.,Syed Hasan Shaukat Abidi Hon'ble Deepak Verma,J.
1. Counter affidavit, filed by the informant, is taken on record. 2. Heard learned counsel for the applicant; counsel for the informant; learned A.G.A. for the State and perused the record. 3. The instant anticipatory bail application has been moved by the applicant for enlarging him on bail in Case Crime No.1017 of 2024, under Sections 109, 351(3), 352 BNS, P.S. Baheri, District Bareilly, during the pendency of the trial. 4. It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to previous enmity. It is no injury case. The whole prosecution story is false and malicious. The applicant has one case of criminal history which has been explained in para-21 of the bail application. It is next submitted that the applicant's case is squarely covered under Section 482 B.N.S.S. 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. 5. Learned counsel for the informant vehemently opposed the prayer for bail and submitted that prima facie offence against the applicant is made out. The role of causing injury has been assigned to the applicant. The applicant tried to kill the informant which is evident from the CCTV footage filed with counter affidavit. It is not a case of false implicated. The allegation alleged in the F.I.R. is supported by the evidence. The applicant is not entitled for any indulgence by this Court. Hence, the anticipatory bail application of the applicant may be rejected. 6. In Satpal Singh vs. State of Punjab (2018) 13 SCC 813, the
Supreme Court has held that the satisfaction of the court for granting protection under Section 438 Cr.P.C. is different from the one under Section 439 Cr.P.C. while considering regular bail. In Pratibha Manchanda and another Vs. State of Haryana and another (2023) 8 SCC 181, the Apex Court has opined that the relief of anticipatory bail is aimed at safeguarding individual rights.
While it serves as a crucial tool to prevent the misuse of the power of arrest and protects innocent individuals from harassment, it also presents challenges in maintaining a delicate balance between individual rights and the interests of justice. The tight rope we must walk lies in striking a balance between safeguarding individual rights and protecting public interest. 7. Considered the argument raised by counsel for the applicant and perused the record. No interference is warranted by this Court. 8. The present anticipatory bail application is hereby found devoid of merits and is accordingly rejected. 9. It is clarified that the observations made herein are limited to the
facts brought in by the parties pertaining to the disposal of anticipatory bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 6.2.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad