Anticipatory bail can be granted only in exceptional cases where allegations are found to be false or where individual rights must be balanced with public interest; serious allegations against the accused do not warrant such relief.

ORDER

Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, [the BNSS] by the Petitioner/Accused No.1 for granting of pre-arrest bail in connection with Crime No.18 of 2022 of Achanta Police Station, West Godavari District, registered for the alleged offences punishable under Sections 420, 493, 312 and 376 read with 34 of the Indian Penal Code, 1860, [the I.P.C] and Section 3(1)(r) and Section of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, [the Act]

2. Heard the learned Counsel for the Petitioner, learned Legal Aid Counsel for the 2^nd respondent and the learned Assistant Public Prosecutor.

3. In Jahir v. State of Uttar Pradesh , [2024 AHC 135775 (Neutral Citation)] a learned Single Judge of the High Court of Allahabad at para Nos.8 to 11 held as under:

8. In Shrikant Upadhyay and others Vs State of Bihar and another, 2024 INSC 202 has observed as under "19. 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 rotecting public interest. While the right to liberty and presumption of innocence are vital, the court must also consider the gravity of the offence, the impact on society, and the need for a fair and free investigation. The court's discretion in weighing these interests in the facts and circumstances of each individual case becomes crucial to ensure a just outcome."

9. The power of anticipatory bail is somewhat extraordinary in character and it is to be exercised only in exceptional cases where the person is falsely implicated. Though in many cases it was held that bail is said to be a rule, it cannot, by any stretch of imagination, be said that anticipatory bail is the rule.

10. The court owes duty that justice is done to all the parties (i,e accused, prosecution, informant, complainant and victim). The citizens in terms of constitutional mandate are required to abide by law. Where from the material and allegation against an accused, offence is made out, the accused is required to show exceptional circumstances warranting the protection of liberty. No circumstances have been shown by applicant(s) to demonstrate that personal liberty of accused in the facts and circumstances of the case is required to be protected. In the facts and circumstances of the case, the grant of anticipatory bail would lead to miscarriage of justice.

11. The Court is required to exercise jurisdiction of anticipatory bail on sound judicial principles. The court should be slow to grant anticipatory bail to an accused who does not abide by law and commits an offence. In the present case, it is not shown by the applicant(s) that the prosecution or complainant has falsely implicated the applicant(s). One cannot lose sight of the fact that unwarranted protection to an accused has adverse effect on the peace and tranquillity of society at large and effects maintenance of law and order in the society. The jurisdiction of anticipatory bail permits the accused to be not produced before the ordinary jurisdictional court although ordinary jurisdictional court at grass root level have greater experience and exposure with regard to situation of maintenance of law and order at the local place. The process of anticipatory bail permits consideration of anticipatory bail by Session Court or High Court and not by Magistrate courts. Facts and circumstance of each case is to be examined at the t