HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9628 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Learned counsel for the applicant, the Learned A.G.A. for the State and Shri Ram Prakash Ram, Learned counsel for the informant. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 161 of 2026, under Sections 74, 352 and 351(3) of the B.N.S., 2023 and Sections 7/8 of the Protection of Children from Sexual Offences Act, Police Station – Didarganj, District Azamgarh, with a prayer to enlarge him on anticipatory bail, as the applicant apprehends his arrest in the aforesaid case. 3. At the very outset, the Learned A.G.A. has raised an objection regarding the maintainability of the instant application by submitting that the applicant does not apprehend his arrest as the offences that have been alleged against the applicant do not entail in the event of a conviction, a punishment of more than seven years. He further contends that appropriate protection has been provided in the BNSS itself in the form of Section 35(3) BNSS and the judgments of the Supreme Court in Arnesh Kumar vs. State of Bihar and Anr. 2014 (8) SCC 273, Mohd. Asfak Alam vs. State of Jharkhand and anr. (2023) 8 SCC 63 and Satender Kumar Antil vs. Central Bureau of Investigation 2026 INSC 115 also safeguard the interest of the applicant. 4. Upon being confronted with the objection raised by the Learned A.G.A., the learned counsel for the applicant failed to satisfactorily meet the same. Versus Counsel for Applicant(s) : Pradeep Chauhan, Shiva Kant Srivastava Counsel for Opposite Party(s) : G.A., Ram Prakash Ram Parmindar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 5. Taking into consideration the entire facts and circumstances of the case, it would be appropriate to dispose of the present application with a direction to the Investigating Officer to strictly comply with the directions issued by the Supreme Court in Arnesh Kumar (supra) and Mohd. Asfak Alam (supra) and Satender Kumar Antil (supra) while conducting the investigation in the above mentioned case. 6. This application is accordingly disposed of. 7. It is made clear that the police officer shall not be influenced by the rejection of the anticipatory bail application of the applicant or any observation made therein by the concerned Sessions Judge while refusing to grant anticipatory bail to the applicant. September 30, 2026 Kushal NABAIL No. 9628 of 2026 2 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad