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2025 DAILYLAW 9248 (ALL)

IKBAL AND ANOTHER v. STATE OF U.P. AND ANOTHER

NABAIL/663/2025 · 2025-02-12

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20317 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 663 of 2025 Applicant :- Ikbal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kushagra Srivastava,Shahrukh Counsel for Opposite Party :- G.A.,Syed Abbas Shaukat Abidi Hon'ble Deepak Verma,J. 1. Heard Sri Shahrukh, learned counsel for the applicant, Sri Syed Abbas Shaukat Abidi, learned counsel for the informant, Sri Vishwa Deepak Mishra, learned A.G.A. for the State and perused the record. 2. The instant anticipatory bail application has been moved by the applicant for enlarging him on anticipatory bail in Case Crime No 298 of 2024, under Sections 85, 352, 351(3), 109, 118(1), 115(2) BNS, Police Station Dholana, District Hapur. 3. At the very outset, applicants' counsel submitted that applicant No.1, who is father-in-law of the victim-informant, has been arrested by the police, therefore, he is not pressing this anticipatory bail on his behalf. he is pressing this anticipatory bail on behalf of applicant No.2, who is mother-in-law of the victim. He further submitted that applicant No.2 is innocent and has been falsely implicated in the present case due to ulterior motive; No specific role has been attributed to the applicant No.2 for causing injury to the victim. It is submitted that the applicant No.2 is apprehensive of imminent arrest. In case, the applicant No.2 is released on bail, she would not misuse the liberty of bail and would cooperate with the investigation. 4. Learned A.G.A. as well as informant's counsel have vehemently opposed the prayer for bail and has submitted that there is direct allegation against the applicant No.2. Victim has received grievous injuries which are supported by prosecution story. It is not a case of false implication. The applicant No.2 is not entitled for any indulgence by this Court. Hence, the anticipatory bail application of the applicant No.2 may be rejected. 5. The object of anticipatory bail is that a person should not be unnecessarily harassed or humiliated in order to satisfy personal vendetta or grudge of complainant or any other person operating the things directly or from behind the curtains. 6. It is well settled that discretionary power conferred by the legislature on this Court cannot be put in a straitjacket formula but such discretionary power either grant or refusal of anticipatory bail has to be exercised carefully in appropriate cases with circumspection on the basis of the available material after evaluating the facts of the particular case and considering other relevant factors (nature and gravity of accusation, role attributed to accused, conduct of accused, criminal antecedents, possibility of the applicant to flee from justice, apprehension of tempering of the witnesses or threat to the complainant, impact of grant of anticipatory bail in investigation or society etc.) with meticulous precision maintaining balance between the conflicting interest, namely, sanctity of individual liberty and interest of society. 7. Without expressing any opinion on merits of the case and considering the submissions advanced, the nature and gravity of the accusation, I find no good ground for anticipatory bail to the applicant No.2 in the aforesaid case. 8. Accordingly, the anticipatory bail application of applicant No.2, Rabiya, is rejected. Order Date :- 13.2.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad