Neutral Citation No. - 2025:AHC:17070 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 271 of 2025 Applicant :- Shavez And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Tyagi Counsel for Opposite Party :- G.A.,Rakesh Kumar Dixit Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2. The instant anticipatory bail application has been moved by the applicants for enlarging them on bail in Case Crime No.595 of 2024, under Sections 191(2), 191(3), 109, 333, 308(5), 351(2), 351(3) B.N.S., Police Station Shilimar Garden, District Ghaziabad. 3. It is submitted by learned counsel for the applicants that applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Allegation in the FIR is that the applicants and named co-accused persons threatened and demanded extortion money of Rs.1,50,000/- per month from informant. Applicants and other co-accused persons on 21.11.2024 entered in the house of informant and assaulted him with lathi, danda and saria. Prima-facie offence under alleged sections is made out against the applicants. Allegation alleged in the FIR is not supported by any other evidence. Injury received by the injured is simple in nature. Report of CCTV footage is not supported the prosecution story. Applicants having no criminal history. Investigation is going on. It is submitted that the applicants are apprehensive of imminent arrest. In case, the applicants are released on bail, they would not misuse the liberty of bail and would cooperate with the investigation. 4. Learned A.G.A. and learned counsel for the informant have vehemently opposed the prayer for anticipatory bail and has submitted that the applicants are named in the FIR and it is not a case of false implication. Injury report are supporting the prosecution story and applicants have given role of assaulting. Injured has received fracture. The applicants are not entitled for any indulgence by this Court. Hence, the anticipatory bail application of the applicant may be rejected. 5. The object of Section 482 of B.N.S. Act 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 of the applicants- Shavez & Shahrukh Malik, involved in aforesaid case crime is, hereby, rejected. 9. Considering the aforesaid alternative prayer of the applicants, it is directed that if applicants surrender before the concerned court below within two weeks from today and apply for regular bail, the bail application shall be decided expeditiously by the courts below in accordance with law. 10. For the period of two weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them. Order Date :- 6.2.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad