Disposed¶13

Amar Nath Patel v. State of U.P.

Anticipatory bail – application under S.482 BNSS

Allahabad HC24 Mar 2025NABAIL/2299/2025

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What is this about?

Allahabad High Court, Single Judge (Vivek Varma, J.), Neutral Citation 2025:AHC:43320, Order dated 25.3.2025: anticipatory bail application u/s 482 BNSS (No. 2299 of 2025), Amar Nath Patel v. State of U.P., arising from Case Crime No. 313 of 2024, P.S. Chandauli (ss.191(2), 191(3), 115(2), 352, 351(2), 333, 324, 74 BNS). Held that for offences punishable up to seven years, arrest is barred until the Investigating Officer complies with Section 35 of B.N.S.S.; therefore no need for anticipatory bail; prayer refused, application disposed. No precedent cited; no monetary quantum involved.

What did the court decide?

None; prayer for anticipatory bail refused and the application disposed of with the above observations. ¶13

Amar Nath Patel Vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:43320

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Court No. - 69

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2299 of 2025

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Applicant :- Amar Nath Patel Opposite Party :- State of U.P. Counsel for Applicant :- Jitesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard counsel for the applicant as well as learned A.G.A. 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. 313 of 2024, under sections 191(2), 191(3), 115(2), 352, 351(2), 333, 324, 74 of B.N.S., Police Station Chandauli, District- Chandauli.

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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 his arrest in the above mentioned case

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Per contra, learned A.G.A. 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 of 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 of seven years. There is a specific provision under Section 35 of 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 of B.N.S.S. is complied by the Investigating Officer, accused of such offences cannot be arrested.

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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 applicant cannot be arrested without complying with the provision given in Section 35 of B.N.S.S. Specific provisions under Section 35 of B.N.S.S. have been provided giving protection to the accused persons from arrest in 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 :- 25.3.2025 Sachin Mishra

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Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad

Amar Nath Patel v. State of U.P.

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