Rahul vs The State Of Madhya Pradesh
2021 Latest Caselaw 8444 MP

                                                                      1                           MCRC-58561-2021
                                            The High Court Of Madhya Pradesh
                                                    MCRC No. 58561 of 2021
                                                    (RAHUL AND OTHERS Vs THE STATE OF MADHYA PRADESH)


                                    Indore, Dated : 08-12-2021
                                          Shri Deepak Rawal, learned counsel for the applicants.

                                          Shri Viraj Godha, learned Panel Lawyer for the respondent-State.

Heard through Video Conferencing.

This is the first application filed under section 438 of the Cr.P.C. for grant of anticipatory bail to the applicants, who are apprehending their arrest

in connection with Crime No.278/2021 registered at Police Station Bag, District- Dhar (M.P.) for commission of offences punishable under Sections 353, 332, 147, 148, 149, 506 of IPC and under Section 3/4 of the prevention of Damage to Public Property Act, 1984.

As per prosecution story, Constable Kamendra Rawal 811 has lodged an FIR that on 14.06.2021, while DIAL 100 Vehicle No. MP04 PA 7973 was on routine gusht, near Mata Darwaza Bag, Jeevan, Rahul, Jitendra alias Jeetu, Goldie, Rajendra alias Raja, Somesh, Nilesh, Manish and 15-20 others started raising in high pitch voices allegations giving rise to hatred and inflammatory

statements adversely affecting public peace and tranquility against different communities. They started pelting stones and damaged the Dial 100 vehicle. When they were tried to be restrained by Sub Inspector M.P. Verma, he was pushed hard and manhandled. Accordingly, case has been registered against the present applicants.

Investigation is complete and charge-sheet has been filed. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated. Learned counsel referred that other co- accused persons have been enlarged on bail by this Court vide order dated 23/07/2021 and 11/08/2021 in M.Cr.C. No.34250/2021 and 39557/2021. Moreso, looking to prevailing Covid-19 situation, trial is not likely to conclude early in the near future. The principle of Arnesh Kumar's case are also applicable to the case of applicant. The applicants are ready and willing Signature Not Verified SAN

Digitally signed by VIBHA PACHORI Date: 2021.12.09 10:20:12 IST 2 MCRC-58561-2021 to co-operative the investigation agency and furnish appropriate surety as may be imposed on them. Hence, under such circumstances, the applicants may be enlarged on bail on such terms and conditions this Court deems fit and proper.

P er contra, learned Public Prosecutor opposes the bail application

supporting the order impugned and submits that all applicants have criminal past, therefore, they are not entitled for anticipatory bail.

Considering the facts and circumstances of the case, I am not inclined to allow this bail application. However, looking to the fact that the offence involved in the case are not punishable with more than seven 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 seven years, the accused may be kept in custody only if the condition 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 t h e same is necessary and the applicants fails to cooperate in the investigation.

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

(iii) That, if the applicant-accused persons are arrested and they want to file application under Section 437 of Cr.P.C. for regular bail before lower Signature Not Verified SAN

Digitally signed by VIBHA PACHORI Date: 2021.12.09 10:20:12 IST 3 MCRC-58561-2021 Court, then they will be produced before the lower Court without any delay.

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

This petition is disposed off with the aforesaid directions. C.C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE

Vibha

Signature Not Verified SAN

Digitally signed by VIBHA PACHORI Date: 2021.12.09 10:20:12 IST