Disposed¶14

Uma Shankar Shukla v. State of U.P. and Another

Allahabad HC8 Apr 2025NABAIL/1379/2025

Case brief

AI extract

What is this about?

Anticipatory bail; application under Section 482 BNSS; offences punishable up to seven years; arrest protection under Section 35 B.N.S.S.; Investigating Officer must comply with Section 35 mandate before arrest; refusal of anticipatory bail as unnecessary where arrest barred absent Section 35 compliance; B.N.S. Sections 331(4), 305(A), 115(2), 352, 351(2), 329(3), 191(2); Case Crime No. 75 of 2024; Police Station Laxa, District Varanasi; Uma Shankar Shukla v. State of U.P. and Another; High Court of Judicature at Allahabad; Vivek Varma, J.; Neutral Citation 2025:AHC:50524; order dated 8.4.2025.

What did the court decide?

None - the prayer for anticipatory bail was refused. ¶14

Uma Shankar Shukla vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:50524

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Court No. - 69

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1379 of 2025

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Applicant :- Uma Shankar Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri V.P. Tripathi, learned AGA for the State, and perused the material on record.

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This application has been filed seeking anticipatory bail in Case Crime No. 75 of 2024, under Sections 331(4), 305(A), 115(2), 352, 351(2), 329(3), 191(2) B.N.S., Police Station Laxa, DistrictVaranasi.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of her arrest in the above mentioned case.

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Per contra, learned AGA opposed the prayer for anticipatory bail and submits that the investigation is pending in the matter. A prima facie case is made out. Referring to the provisions of Section 35 B.N.S.S. it is submitted that since offences levelled in the first information report are punishable up to seven years only, the applicant cannot be arrested. An apprehension of arrest shown in the anticipatory bail is not genuine. Thus prayer has been made for rejection of anticipatory bail.

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I have considered the rival submissions raised by learned counsel for the parties.

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In the matter, it is evident from the record that anticipatory bail has been moved for the offences in which the maximum punishment is seven years. There is a specific provision under Section 35 B.N.S.S. on point of arrest of the accused relating to the offences punishable up to seven years. Until and unless the mandate given in Section 35 B.N.S.S. is complied by the

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Investigating Officer, accused of such offences cannot be arrested.

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Thus keeping in view the statutory provisions on point of arrest of the accused, the Court is of the opinion that there is no need of anticipatory bail as the applicant cannot be arrested without complying with the provisions given in Section 35 B.N.S.S.. Specific provisions under Section 35 B.N.S.S. have been provided giving protection to the accused persons for arrest of offences punishable up to seven years punishment. Thus, prayer made in the present application is refused.

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With the above observations, the present application stands disposed of.

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Order Date :- 8.4.2025 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Uma Shankar Shukla v. State of U.P. and Another

Case brief

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Uma Shankar Shukla v. State of U.P. and Another

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