Neutral Citation No. - 2025:AHC:10096 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 423 of 2025 Applicant :- Prashant Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ahmad Nawaz Ansari,Salman Ahmad Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No. 663 of 2024, under Section 87 B.N.S., Police Station- Kotwali Orai, District- Jaluan, during the pendency of trial. 3. Allegation in the first information report is that applicant enticed away the daughter of the informant. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive; there is no direct evidence against the applicant. Victim is major and aged about 19 years and she ran away with some other person and applicant has been implicated in the present case due to enmity. Prima facie, no offence under alleged section is made out against the applicant. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation. 4. Per contra, learned A.G.A. vehemently opposed the anticipatory bail application of the applicant and submitted that applicant is named in the first information report. He next submitted that victim has not been recovered till date and for recovery of the victim, proper investigation and interrogation is required in this matter, as such, applicant should not be released on anticipatory bail. 5. The object of Section 482 of the B.N.S.S. 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. Considered the argument raised by counsel for the applicant and perused the record. 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 in the aforesaid case. 8. Accordingly, the anticipatory bail application is rejected. Order Date :- 21.1.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad