1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

2. The instant anticipatory bail application has been moved by the applicant for enlarging him on bail in Case Crime No.84 of 2024, under Sections 61(2), 87 B.N.S., Section 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 & Section 66 I.T. Act, Police Station Mohabbatpur Painsa, District Kaushambi.

3. It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Victim statement recorded before Investigating Officer has not supported the prosecution case. Police are in haste to arrest the applicant. Applicant has no criminal history. 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.

4. Learned A.G.A. has vehemently opposed the prayer for anticipatory bail and has submitted that applicant has two cases of criminal history and applicant was married person. Earlier he murdered his wife by pouring kerosene oil, which is evident from bail order dated 21.01.2014. The applicant is not entitled for any indulgence by this Court. Hence, the anticipatory bail application of the applicant may be rejected.

5. The object of anticipatory bail 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.

6. 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.

7. 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.

8. Accordingly, the anticipatory bail application of the applicantAshfaq Ahmad, involved in aforesaid case crime number is, hereby, rejected.

9. Considering the aforesaid alternative prayer of the applicant, it is hereby directed that if applicant surrenders before the concerned Court below within two weeks from today and apply for regular bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922.