Neutral Citation No. - 2025:AHC:106389 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5107 of 2025 Applicant :- Praveen Kumar Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. This application under Section 482 B.N.S.S. has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 78 of 2025, under Section 306 B.N.S., Police Station Konch, District Jalaun. 2. At the outset Sri Neeraj Kumar Sharma, learned A.G.A. for the State, submits that the applicant had earlier filed Criminal Misc. Writ Petition No. 6431 of 2025, Praveen Kumar Patel v. State of U.P., for quashing the first information report. This Court vide order dated 08.04.2025 disposed of the said writ petition with the direction to the authorities to ensure compliance of Section 35 B.N.S.S. The investigation is still pending. The applicant does not have any apprehension of arrest. The order dated 08.04.2025 reads as under: "1. Heard learned counsel for the petitioner, learned AGA for the State, Shri Sunil Kumar Kushwaha, learned counsel for the informant and perused the record. 2. Although, the prayer made in this writ petition is to quash the FIR dated 31.03.2025, registered as Case Crime No. 0078 of 2025, u/S. 306 of The Bhartiya Nyay Sanhita, 2023, Police Station/Kotwali- Konch, District Jalaun, but when the matter has been taken up, learned counsel for the petitioner has submitted that offences, complained of, are punishable only up to seven years and therefore, before effecting the arrest of the petitioner, specific provisions contained in Section 41(1)(b) and Section 41-A of CrPC/ Section 35(3) to 35(7) of Bhartiya Nagarik Suraksha Sanhita, 2023 be strictly complied with in view of law laid down by Hon'ble Apex Court in several judgments. 3. We have perused the FIR, which prima facie discloses cognizable offences against the petitioner and therefore, the prayer made to quash the FIR cannot be entertained in view of law laid down by Hon'ble Apex Court in the cases of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and as such, we are of the view that no interference is warranted. 4. However, considering the fact that all the offences, complained of in the impugned FIR, are punishable with a term up to seven years, therefore, in case of effecting the arrest of the petitioner in pursuance of the impugned FIR, it is directed that the respondents/ authorities shall ensure that the specific provisions contained in Section 41(1)(b) and Section 41-A of CrPC/ Section 35(3) to 35(7) of Bhartiya Nagarik Suraksha Sanhita, 2023 and the guidelines issued by Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 as well as the directions issued in judgement and order dated 28.01.2021 of this Court passed in Criminal Misc. Writ Petition No. 17732 of 2020 (Vimal Kumar and 3 Others Vs. State of U.P. and 3 Others) reported in 2021 (2) ACR 1147, be strictly complied with. 5. With the aforesaid observations, the instant writ petition stands disposed of." 3. At this stage counsel for the applicant prays for withdrawal of the present application with liberty to file afresh at an appropriate stage. 4. Accordingly, the present application is dismissed as withdrawn with liberty as prayed for. 5. Let the certified copy of the documents, if any, be returned to the counsel for the applicant as per the Rules of the Court. Order Date :- 7.7.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad