Jasmeet Saluja vs The State Of Madhya Pradesh
2021 Latest Caselaw 1365 MP

                                                          1                           MCRC-16766-2021
                              The High Court Of Madhya Pradesh
                                        MCRC-16766-2021

(JASMEET SALUJA Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 07-04-2021 Shri Manish Datt, learned senior counsel with Shri Mayank Sharma, learned counsel for the applicant.

Shri Manhar Dixit, learned PL for the State.

Shri A.K. Nema, learned counsel for the objector This is the first bail application filed on behalf of the applicant/accused

under Section 438 of the Cr.P.C. for grant of anticipatory bail, as he is under apprehension of his arrest, in connection with Crime No. 86/2021, registered at Police Station Moondi, District Khandwa for the offences punishable under Sections 498-A, 34 of the IPC and 3/4 of Dowry Prohibition Act.

Senior counsel for the applicant submitted that the applicant was married to the complainant on 28.06.2020. False complaint has been lodged against the applicant and applicant as well as all his family members were roped in. It is submitted that the applicant will cooperate the investigation and the trial of the case. He will neither influence the witnesses nor abscond from

law. On the basis of above, it is submitted that the applicant may be released on anticipatory bail.

Shri A.K. Nema, counsel appearing for objector opposed the application for grant the anticipatory bail.

Counsel for the State also opposed the application. Considering the judgment which has been passed by the Apex Court in case of Arnesh Kumar Vs, State of Bihar reported in (2014) 8 SCC 273, in which following directions were given:-

"(i) All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of IPC or Section 4 of the Dowry Prohibition Act, 1961, but also such cases where offence is punishable with imprisonment for a term Signature SAN Verified Not which may be less than seven years or which may Digitally signed by VARSHA DUBEY Date: 2021.04.08 13:27:34 IST 2 MCRC-16766-2021 extend to seven years whether with or without fine, is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41 of CrPC.

(ii) All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b)

(ii) CrPC."

The police have to give reasons if they want to arrest the applicant and on possibilities of accused person of tempering with witnesses or evidences or absconding from law, then person can be arrested by the police.

Considering the aforesaid facts and circumstances of the case, bail application filed on behalf of the applicant Jasmeet Saluja is allowed. It is ordered that in the event of arrest of the applicant in connection with the aforesaid crime number and the offences, he be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority. The applicant is directed to join the investigation immediately and to co-operate with the investigating agency. He will appear before the Investigating Agency or the trial Court as and when required.

Applicant will further abide by the condition enumerated in sub-section (2) of Section 438 of the Cr.P.C.

Certified copy as per rules.

                                                                              (VISHAL DHAGAT)
                                                                                   JUDGE


                      VD




Signature
 SAN      Not
Verified

Digitally signed by
VARSHA DUBEY
Date: 2021.04.08
13:27:34 IST