Dismissed¶10

Mohammad Faizan v. State of U.P. and Another

Anticipatory bail – Section 482 BNSS

Allahabad HC27 Feb 2025NABAIL/1332/2025

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Case brief

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What is this about?

Anticipatory bail; S.482 BNSS; application rejected; BNS Sections 191(2), 191(3), 190, 115(2), 352, 109; Case Crime No. 864 of 2024; Police Station Quarsi; District Aligarh; applicant named in FIR; grievous injuries; injury report and statement of injured support prosecution version; firearm allegation attributed to co-accused; investigation ongoing; no good ground for anticipatory bail; object and scope of anticipatory bail discretion; Allahabad High Court; Deepak Verma, J.; order dated 27.2.2025.

What did the court decide?

Considering the submissions advanced and the nature and gravity of the accusation, without expressing any opinion on the merits, the Court found no good ground for anticipatory bail to the applicant and no interference was warranted. ¶9

Mohammad Faizan vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the applicant Mohammad Faizan is entitled to anticipatory bail under Section 482 BNSS in Case Crime No. 864 of 2024, Police Station Quarsi, District Aligarh.

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Court's answer

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Key takeaways

The object of anticipatory bail is that a person should not be unnecessarily harassed or humiliated to satisfy the personal vendetta or grudge of the complainant or any other person operating directly or from behind the curtains.obiter¶7
The discretionary power to grant or refuse anticipatory bail cannot be put in a straitjacket formula and must be exercised carefully, with circumspection, on the available material and relevant factors such as nature and gravity of accusation, role attributed, conduct, antecedents, possibility of flight, and impact on investigation or society.obiter¶8

Detailed headnote1 paragraphs

Anticipatory bail — Section 482 BNSS — rejection. The Allahabad High Court (Deepak Verma, J.) rejected the anticipatory bail application of Mohammad Faizan in Case Crime No. 864 of 2024, Police Station Quarsi, District Aligarh, under Sections 191(2), 191(3), 190, 115(2), 352 and 109 BNS. The applicant was named in the FIR; the injured had received grievous injuries, and the injury report and statement of the injured were said to support the prosecution version. Without expressing any opinion on the merits, and considering the nature and gravity of the accusation, the Court held there was no good ground for anticipatory bail. The Court reiterated that the object of anticipatory bail is to prevent unnecessary harassment or humiliation to satisfy personal vendetta, and that the discretionary power to grant or refuse anticipatory bail cannot be put in a straitjacket formula and must be exercised carefully on the available material and relevant factors.

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Neutral Citation No. - 2025:AHC:27519

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Court No. - 70

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1332 of 2025

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Applicant :- Mohammad Faizan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Md. Ateef,Mohd. Arshad Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Mohd. Arshad, 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 filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 864 of 2024, under Sections 191(2), 191(3), 190, 115(2), 352, 109 of BNS, Police Station- Quarsi, District-Aligarh, till conclusion of trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Allegation of fire arm has been assigned to other co-accused person. Injured has not taken name of applicant for open fire. Investigation is going on. It has been submitted that in case applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

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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. Injured has received grievous injuries. Injury report and statement of injured are supporting the prosecution version, as such, it is not a case of false implication. Hence, the anticipatory bail application of the applicant may be rejected.

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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.

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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

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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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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. No interference is warranted.

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Accordingly, the anticipatory bail application is rejected .

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Order Date :- 27.2.2025 Nitin Verma

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Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Mohammad Faizan v. State of U.P. and Another

Case brief

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Mohammad Faizan v. State of U.P. and Another

Case brief

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