1. List revised.

2. None appears on behalf of the applicant to press this anticipatory bail application.

3. Learned AGA is present. Perused the record.

4. The instant anticipatory bail application has been moved by the applicant for enlarging him on bail in Case Crime No 212 of 2023, under Sections 406, 420, 506 I.P.C., Police Station Alinagar, District Chandauli.

5. From perusal of report of the Chief Judicial Magistrate, Azamgarh, it is apparent that the applicant is not cooperating with the investigation, as such, no interference is warranted.

6. Learned A.G.A. has vehemently opposed the prayer for bail.

7. The object of Section 438 of the Code of Criminal Procedure is that a person should not be unnecessarily harassed or humiliated in order to satisfy personal vendetta or grudge of complainant or any other person operating the things directly or from behind the curtains.

8. It is well settled that discretionary power conferred by the legislature on this Court cannot be put in a straitjacket formula but such discretionary power either grant or refusal of anticipatory bail has to be exercised carefully in appropriate cases with circumspection on the basis of the available material after evaluating the facts of the particular case and considering other relevant factors (nature and gravity of accusation, role attributed to accused, conduct of accused, criminal antecedents, possibility of the applicant to flee from justice, apprehension of tempering of the witnesses or threat to the complainant, impact of grant of anticipatory bail in investigation or society etc.) with meticulous precision maintaining balance between the conflicting interest, namely, sanctity of individual liberty and interest of society.

9. Without expressing any opinion on merits of the case and considering the submissions advanced, the nature and gravity of the accusation, I find no good ground for anticipatory bail to the applicant in the aforesaid case.

10. Accordingly, the anticipatory bail application is rejected.