Vinod Kumar vs The State Of Madhya Pradesh
2021 Latest Caselaw 4616 MP

                                                                   1                              MCRC-39193-2021
                                         The High Court Of Madhya Pradesh
                                                   MCRC-39193-2021
                                                   (VINOD KUMAR Vs THE STATE OF MADHYA PRADESH)

                                 5
                                 Jabalpur, Dated : 24-08-2021
                                       Heard through Video Conferencing.
                                       Shri Sanjay Sarvate, Advocate for the applicant.
                                       Shri Akhilendra Singh GA. for respondent/ State.

This is first bail application under Section 438 of Cr.P.C. has been filed by the applicant apprehending his arrest in connection with Crime No.

225/2021, registered at Police Station- Pipariya, District-Hoshangabad for the offence punishable under Section 354-A of IPC.

A s per prosecution, allegation against the applicant is that on 28.6.2021, applicant outraged the modesty of the prosecutrix aged about 30 years who is a married women.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case by the complainant. There is previous enmity between both the parties, therefore, applicant has been falsely implicated in this case. Applicant is a married person having two sons. There

is no probability of his absconding or tampering with the prosecution evidence. Therefore, learned counsel for the applicant prays for grant of anticipatory bail to the applicant. He further submits that the allegations leveled against him is false and fictitious and if the applicant is arrested, it would adversely affect the mentality and psychology both and his family members would also suffer irreparable loss. He also relied on the judgment of Hon'ble the Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273.

Per-contra, learned G.A. for the respondent/State opposes the bail application.

O n perusal of the record, it appears that Prima facie evidence is Signature Not Verified SAN available against the present applicant and allegation is specific therefore,

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2021.08.24 17:44:01 IST 2 MCRC-39193-2021 complainant has filed a complaint against the present applicant and the case has been registered under the aforesaid Section. Thus, I am not inclined to grant anticipatory bail to the applicant. However, keeping in mind the view taken by Hon'ble the Apex Court in the case of Arnesh Kumar (Supra), this Court is inclined to direct thus:-

Considering the submission of learned counsel for the applicant in the

light of Arnesh Kumar (supra) case, this Court is inclined to direct thus :-

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

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

(iii) That, if the applicant-accused file an application for regular bail before trial Court, then same shall be considered as soon as possible, preferably, on the same day.

Accordingly, this petition is disposed off. C.c. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

irfan

Signature Not Verified SAN

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2021.08.24 17:44:01 IST