Vipin Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 4144 MP

                                                           1                              MCRC-36513-2021
                                The High Court Of Madhya Pradesh
                                          MCRC-36513-2021
                                           (VIPIN SINGH Vs THE STATE OF MADHYA PRADESH)


                      Jabalpur, Dated : 10-08-2021
                               Heard through Video Conferencing.

                               Shri Amit Garg, counsel for the applicant.
                               Shri Yogendra Das Yadav, learned Govt. Advocate for the respondent/

State.

Case diary is available with learned Govt. Advocate.

With consent, heard finally.

This first application filed under Section 438 of Cr.P.C. for grant of anticipatory bail to the applicant, as he is apprehending his arrest in connection with Crime No.133/2021, registered at Police Station- Bichhiya, District-Rewa (M.P.) for offences punishable under Section 294, 353, 332, 186, 427 506/34 of the IPC.

Prosecution Story, in brief, is that on 02/07/2021 at about 2.00 a.m., the applicant along with other unknown persons assaulted and threatened the complainant who is a Govt. servant while he was performing his duty. .

Learned counsel for the applicant submits that the applicant is an agriculturist and has falsely been implicated in the matter. No injury has been found on the body of the complainant. Custodial interrogation of the applicant is not required. The offences alleged against the applicant are punishable not more than seven years of imprisonment, therefore, he may be released on anticipatory bail.

Learned counsel for the respondent/ State opposes the application. Having considered the facts and circumstances of the case, this Court is not inclined to allow this anticipatory bail application. However, looking to the fact that the offence involved in the case are not punishable with more than 7 years of imprisonment and Section 41(1) of Cr.P.C. provides that the offences for which punishment prescribed is imprisonment for a term upto Signature Not SAN Verified s even years, the accused may be kept in custody only if the condition Digitally signed by TULSA SINGH Date: 2021.08.11 11:05:33 IST 2 MCRC-36513-2021 enumerated in Section 41(1)(b)(ii) of Cr.P.C. exists. In Arnesh Kumar's case [(2014) 8 SCC 273], the Hon'ble Apex Court has held as under:-

"..........the arrest effected by the police officer does not satisfy the requirements of Section 41 of the Code, Magistrate is duty bound not to authorise his further detention

and release the accused......".

Therefore, in view of the observations laid down in the judgment referred above, I deem fit to direct as under :-

(i) That, the police may resort to the extreme step of arrest only when the same is necessary and the applicant fails to cooperate in the investigation.

(ii) That, the applicant should first be summoned to cooperate in the investigation. If the applicant cooperates in the investigation then the occasion of their arrest should not arise.

(iii) That, if the applicant-accused is arrested and he wants to file application under Section 437 of Cr.P.C. for regular bail before lower Court, then he will be produced before the lower Court without any delay.

Lower Court is also directed to consider his bail application as expeditiously as possible, preferably, on the same day.

This application is disposed of with the aforesaid directions. C.C. as per rules.

                                                                   (SATYENDRA KUMAR SINGH)
                                                                            JUDGE


                      ts




Signature
 SAN      Not
Verified

Digitally signed by
TULSA SINGH
Date: 2021.08.11
11:05:33 IST