Neutral Citation No. - 2025:AHC:28544 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 416 of 2025 Applicant :- Surbir Singh Kapoor @ Sukhbir Singh And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ved Byas Mishra Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit, filed today, is taken on record. 2. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 3. The instant anticipatory bail application has been moved by the applicants for enlarging them on bail in Case Crime No.0228 of 2022, under Section 409 I.P.C., P.S. Modi Nagar, District Ghaziabad, during pendency of trial. 4. Initially the F.I.R. was registered under Sections 420, 406 I.P.C. and applicants filed bail Application under the said Sections and they were granted bail by the trial court vide order dated 16.08.2023. Thereafter, during trial, charge was framed under Section 409 I.P.C. and applicants sought bail under Section 409 I.P.C.which was rejected by the court below. 5. It is submitted by learned counsel for the applicant that applicants are innocent and have been falsely implicated in the present case.The applicants were granted bail by the trial court in the allied sections. They may be released on anticipatory bail. It is next submitted that the applicant's case is squarely covered under Section 438 Cr.P.C. 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. 6. Learned A.G.A. vehemently opposed the prayer for bail and submitted that prima facie offence against the applicants is made out. The applicants have been enlarged on regular bail in allied sections and after considering the evidence collected by the I.O., the court came to the conclusion that Section 409 I.P.C. is prima facie made out against the applicants. The charge should be framed in the aforesaid sections. It is not a case of false implication. The applicants are not entitled for any indulgence by this Court. Hence, the anticipatory bail application of the applicants may be rejected. 7. 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 applicants and perused the record. No interference is warranted by this Court as prima facie offence is made out against the applicants. The trial court has found evidence under Section 409 I.P.C. and framed charges. Moreover, the applicants have been enlarged on bail in other allied sections. 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. 10. However, if applicants surrender and apply for bail before the concerned court below within two weeks from today, the same shall be considered and decided by the court below, in accordance with law. 11. 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 the applicants. Order Date :- 28.2.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad