Dismissed¶12

Dimpu v. State of U.P. and 2 Others

Allahabad HC28 Jul 2025NABAIL/3857/2025

Case brief

AI extract

What is this about?

Anticipatory bail refused; Section 482 BNSS application; Section 35 B.N.S.S. arrest safeguards for offences punishable up to seven years; Sections 317(2), 317(5) BNS; Case Crime No. 116 of 2025; Police Station Khekra, District Baghpat; investigation pending; Allahabad High Court; Justice Vivek Varma; decided 28.7.2025; application disposed of with prayer refused.

What did the court decide?

An accused of offences punishable up to seven years cannot be arrested until and unless the Investigating Officer complies with the mandate of Section 35 of B.N.S.S.; the section gives specific protection to accused persons from arrest in such offences. ¶11

Dimpu vs State of U.P. and 2 Others — Anticipatory Bail | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:124184

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Court No. - 69

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Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3857 of 2025

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Applicant :- Dimpu Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashutosh 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 Sri Neeraj Kumar Sharma, 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. 116 of 2025, under Sections 317(2), 317(5) BNS, Police Station Khekra, District- Baghpat.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Criminal history of the applicant has been explained in para 19 of the affidavit. 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 :- 28.7.2025 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Dimpu v. State of U.P. and 2 Others

Case brief

What is this about?

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Dimpu v. State of U.P. and 2 Others

Case brief

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