HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7360 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicants and Sri N.K. Sharma, learned AGA for the State. Perused the material on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 252 of 2025, under sections 333, 115(2), 351(3) B.N.S., Police Station Hapur Dehat, District- Hapur. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. 5. Per contra, learned AGA opposed the prayer for anticipatory bail and submits that the investigation is pending in the matter. A prima facie case is made out. Referring to the provisions of Section 35 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 seven years. Versus Counsel for Applicant(s) : Pradeep Kumar Counsel for Opposite Party(s) : G.A. Pawn Tyagi @ Leele And Another .....Applicant(s) State of U.P. .....Opposite Party(s) There is a specific provision under Section 35 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 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 applicants cannot be arrested without complying with the provision given in Section 35 B.N.S.S. Specific provisions under Section 35 B.N.S.S. 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. 9. With the above observations, the present application stands disposed of. September 10, 2025 S.S. NABAIL No. 7360 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad