Sonu Urf Anees vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:10910

Court No. - 70

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12064 of 2024

Applicant :- Sonu Urf Anees Opposite Party :- State of U.P. and Another Counsel for Applicant :- Balram Singh,Rabindra Bahadur Singh Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant anticipatory bail application has been moved by the applicant for enlarging him on bail in Case Crime No,276 of 2024, under Sections 342, 354Kha, 120B, & 506 I.P.C. & Section 66E of I.T. Act, Police Station Mawana, District Meerut.

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It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant next submits that the applicant has no concern with the alleged incident. On perusal of statement of the victim, no offence under alleged section is made out against the applicant. Investigating Officer has submitted charge-sheet against co-accused Sartaj and Afsana on 19.08.2024. Investigation is going on against the applicant. 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.

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Learned A.G.A. has vehemently opposed the prayer for bail and has submitted that applicant is named in the FIR. Prima-facie offence is made out against the applicant. Victim in her statement recorded under sections 161 & 164 Cr.P.C. has made specific allegation against the applicant. The applicant is not entitled for any indulgence by this Court. Hence, the anticipatory bail application of the applicant may be rejected.

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The object of Section 438 of the Code of Criminal Procedure 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.

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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.

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Heard learned counsel for both the parties. From the record, it is apparent that there is specific allegation against the applicant and it is not a case of false implication. No interference is warranted.

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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.

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Accordingly, the anticipatory bail application of the applicant- Sonu Urf Anees , involved in aforesaid case crime is, hereby, rejected .

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Order Date :- 22.1.2025 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Sonu Urf Anees v. State of U.P. and Another

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Sonu Urf Anees v. State of U.P. and Another

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