Gagan @ Gagan Kumar Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6376 of 2025

Gagan @ Gagan Kumar

	Versus	.....Applicant(s)
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s)		: Garun Pal Singh
Counsel for Opposite Party(s)		: G.A.

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Court No. - 69

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HON'BLE VIVEK VARMA, J.

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Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder 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. 86 of 2025, under Sections 115(2), 351(2), 110 B.N.S., Police Station Mahawan, District Mathura.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case.

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Per contra, learned Brief Holder for the State 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

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NABAIL No. 6376 of 2025

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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.

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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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September 15, 2025 SKT/-

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(Vivek Varma,J.)

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

Gagan @ Gagan Kumar v. State of U.P.

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Gagan @ Gagan Kumar v. State of U.P.

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