Dilawar and 2 Others vs State of U.P.

Neutral Citation No. - 2025:AHC:21015

Court No. - 70

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 646 of 2025

Applicant :- Dilawar And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Nanhe Lal Tripathi,Prateek Prajapati Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record.

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The instant anticipatory bail application has been moved by the applicants for enlarging them on bail in Case Crime No.580 of 2024, under Sections 191(2), 191(3), 190, 109, 115(2), 352, 3(5) B.N.S. and Section 7 Criminal Law Amendment Act, P.S. Dadri, District Gautambuddh Nagar, during pendency of trial.

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It is submitted by learned counsel for the applicants that applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Allegation against the applicant is false and baseless. Instant F.I.R. has been lodged by the police personnel. The injuries are not grievous in nature. The whole prosecution story is false and malicious. It is next submitted that the applicant's case is squarely covered under Section 482 B.N.S.S. It is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

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Learned A.G.A. vehemently opposed the prayer for bail and submitted that prima facie offence against the applicant is made out. Two parties were involved for assaulting to each other and police personnel tried to settle the matter but they were assaulted by the applicants. The applicants are named in the F.I.R. It is not a case of false implication. The applicants are not entitled for any indulgence by this Court. Hence, the anticipatory bail application of the applicants may be rejected.

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In Satpal Singh vs. State of Punjab (2018) 13 SCC 813 , the Supreme Court has held that the satisfaction of the court for

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granting protection under Section 438 Cr.P.C. is different from the one under Section 439 Cr.P.C. while considering regular bail. In Pratibha Manchanda and another Vs. State of Haryana and another (2023) 8 SCC 181 , the Apex Court has opined that the relief of anticipatory bail is aimed at safeguarding individual rights. While it serves as a crucial tool to prevent the misuse of the power of arrest and protects innocent individuals from harassment, it also presents challenges in maintaining a delicate balance between individual rights and the interests of justice. The tight rope we must walk lies in striking a balance between safeguarding individual rights and protecting public interest.

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Considered the argument raised by counsel for the applicants and perused the record. No interference is warranted by this Court. The present anticipatory bail application is hereby found devoid of merits and is accordingly rejected .

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of anticipatory bail application and the said observations shall have no bearing on the merits of the case during trial.

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However, if applicants surrender and apply for bail before the concerned court below within two weeks from today, the same shall be considered and decided by the court below in accordance with law.

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Order Date :- 13.2.2025 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

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

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

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