Disposed¶9

Vishal Verma v. State of U.P. and Another

Allahabad HC8 Apr 2025NABAIL/1381/2025

Case brief

AI extract

What is this about?

Allahabad High Court anticipatory bail application U/S 482 BNSS (No. 1381 of 2025) by Vishal Verma against State of U.P.; FIR 299/2024 under 308(2), 351(2) B.N.S., Kotwali Nagar, Saharanpur; held that offences punishable up to seven years fall under arrest-protection provisions of Section 35 B.N.S.S., so accused cannot be arrested without IO compliance with Section 35 and anticipatory bail is unnecessary; prayer refused, application disposed of; bench: Vivek Varma, J.; order date 15.7.2025.

What did the court decide?

For offences punishable up to seven years, the accused cannot be arrested until and unless the Investigating Officer complies with the mandate contained in Section 35 B.N.S.S. ¶7

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

¶1

Neutral Citation No. - 2025:AHC:113971

¶2

Court No. - 69

¶3

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1381 of 2025

¶4

Applicant :- Vishal Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Jagdish Counsel for Opposite Party :- G.A.

¶5

Hon'ble Vivek Varma,J.

¶6

Heard counsel for the applicant and Sri N.K. Sharma, learned AGA for the State. Perused the material on record.

¶7

This application has been filed seeking anticipatory bail in Case Crime No. 299 of 2024, under sections 308(2), 351(2), 352 B.N.S., Police Station Kotwali Nagar, District- Saharanpur.

¶8

Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is a journalist and a publisher of a newspaper known as 'Saharanpur Exclusive'. A monetary dispute between the parties has been given colour of a criminal case. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case.

¶9

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.

¶10

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

¶11

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 Investigating Officer, accused of such offences cannot be arrested.

¶12

Thus keeping in view of 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 applicants cannot be arrested without complying with the provision 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.

¶13

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

¶14

Order Date :- 15.7.2025 S.S.

¶15

Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Vishal Verma v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Vishal Verma v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Jagatpal vs State of U.P. and Another

Ranu Gupta Alias Shashikant Gupta vs State of U.P.

Vinesh Srivastava vs State of U.P. and Another

Mahesh Pal @ Sonu and Another vs State of U.P. and Another

Padam Singh Chauhan vs State of U.P. and 2 Others

Siyaram vs State of U.P. and Another