Neutral Citation No. - 2025:AHC:137416 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6008 of 2025 Applicant :- Mahfooz Khan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Ms. Sarita Gupta, Advocate has filed vakalatnama on behalf of opposite party no. 2. The same is taken on record. 2. Heard counsel for the applicant, Mr. S.G. Hasnain, learned Senior Advocate assisted by Ms. Sarita Gupta, counsel for the opposite party no. 2 as well as Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 95 of 2025, under sections 318(4), 316(2), 61(2) of B.N.S., Police Station Kotwali, District- Rampur. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case 5. Per contra, learned A.G.A and counsel for the opposite party no. 2 have opposed the prayer for anticipatory bail and submit that the investigation is pending in the matter. A prima facie case is made out. Referring to the provisions of Section 35 of B.N.S.S. it is submitted that since offences levelled in the first information report are punishable up to seven years only the applicant cannot be arrested. An apprehension of arrest shown in the anticipatory bail is not genuine. Thus prayer has been made for rejection of anticipatory bail. 6. I have considered the rival submissions raised by learned counsel for the parties. 7. In the matter, it is evident from the record that anticipatory bail has been moved for the offences in which the maximum punishment is of seven years. There is a specific provision under Section 35 of B.N.S.S. on point of arrest of the accused relating to the offences punishable up to seven years. Until and unless the mandate given in Section 35 of B.N.S.S. is complied by the Investigating Officer, accused of such offences cannot be arrested. 8. Thus keeping in view of the statutory provisions on point of arrest of the accused, the Court is of the opinion that there is no need of anticipatory bail as the applicant cannot be arrested without complying with the provision given in Section 35 of B.N.S.S. Specific provisions under Section 35 of B.N.S.S. have been provided giving protection to the accused persons from arrest in offences punishable up to seven years punishment. Thus, prayer made in the present application is refused. 9. With the above observations, the present application stands disposed of. Order Date :- 13.8.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad