HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7417 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicants as well as Sri Anupam Anand, learned brief holder for the State and perused the material on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No. 209 of 2025, under Sections 115(2), 352, 351(3), 110 BNS, Police Station Junawai, District-Sambhal. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. The applicant no.1 has no criminal antecedents. The criminal history of the applicants no. 2 and 3 has been explained in para 16 of the affidavit. The applicants have apprehension of their arrest in the above mentioned case. 4. Per contra, learned A.G.A 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 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 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 Versus Counsel for Applicant(s) : Rajesh Kumar Yadav Counsel for Opposite Party(s) : G.A. Devki @ Deviki Nandan And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 7. 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 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. 8. With the above observations, the present application stands disposed of. September 10, 2025 Lbm/- NABAIL No. 7417 of 2025 2 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad