Neutral Citation No. - 2025:AHC:138048 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6325 of 2025 Applicant :- Tahira Alias Tahira Ahmad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek,Anoop Tiwari Counsel for Opposite Party :- G.A.,Imran Ali,Murtuza Ali Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicants, Sri Anupam Anand, learned Brief Holder for the State, and Mr. Murtuza Ali, learned counsel for the informant, and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 230 of 2023, under Sections 498-A, 323, 504, 506 B.N.S. and 3/4 D.P. Act, Police Station Bhadohi, District- Bhadohi. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. 4. Per contra, learned Brief Holder for the State and learned counsel for the informant 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 Sections 41 and 41-A Cr.P.C. it is submitted that since offences levelled in the first information report are punishable up to seven years only, the applicants 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. 5. I have considered the rival submissions raised by learned counsel for the parties. 6. In the matter, it is evident from the record that anticipatory bail has been moved for the offences in which the maximum punishment is seven years. There is a specific provision under Sections 41 and 41-A Cr.P.C. on point of arrest of the accused relating to the offences punishable up to seven years. Until and unless the mandate given in Sections 41 and 41-A Cr.P.C. is complied by the Investigating Officer, accused of such offences cannot be arrested. 7. Thus, keeping in view 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 applicants cannot be arrested without complying with the provisions given in Sections 41 and 41-A Cr.P.C. Specific provisions under Sections 41 and 41-A Cr.P.C. have been provided giving protection to the accused persons for arrest of offences punishable up to seven years punishment. Thus, prayer made in the present application is refused. 8. With the above observations, the present application stands disposed of. Order Date :- 13.8.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad