Diwakar Patel vs The State Of Madhya Pradesh
2021 Latest Caselaw 2273 MP

                                                                            1                           MCRC-24716-2021
                                                  The High Court Of Madhya Pradesh
                                                            MCRC-24716-2021
                                                           (DIWAKAR PATEL Vs THE STATE OF MADHYA PRADESH)


                                        Jabalpur, Dated : 11-06-2021
                                                 Heard through Video Conferencing.

                                                 Shri Anil Lala, learned counsel for the applicant.
                                                 Shri Yogendra Das Yadav, Govt. Advocate, for the respondent-

State.

This is first application filed by the applicant under Section 438 of

Cr.P.C. for grant of anticipatory bail.

Applicant is apprehending his arrest in connection with Crime No.246/2021 registered at Police Station Kamla Nagar, Bhopal (MP), for the offence punishable under Sections 353, 332, 294, 188 & 147 of IPC.

As per prosecution, on 27.3.2021 at about 10:40 PM, complainant Sub-Inspector Hemant Kumar was discharging his duty near P&T square. All of a sudden, vehicle (Fortuner) bearing registration No.MP- 04-CS/0066, vehicle (Scorpio) bearing registration No.MP-04-CJ/9455

& vehicle bearing registration No. MP-04-CK/8226 were standing near P&T square. Complainant objected for standing of said vehicles as Traffic Jam was created. Then accused/applicant and other co-accused persons started to abuse the complainant. Thereafter, report was lodged in the concerned Police Station against the accused/applicant and other co-accused persons for the aforesaid offence.

Learned counsel for the applicant submits that the applicant is young person aged 23 years and has been falsely implicated in this case as the complainant himself is a police officer. No ingredient of alleged offence is available to prosecute him. Accused/applicant has no

Signature Not Verified previous criminal antecedent. There is no probability of his absconding SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2021.06.11 17:33:53 IST 2 MCRC-24716-2021 or tampering with the prosecution evidence. There is no probability to repeat the offence. No custodial interrogation is required in this case. It is the time of COVID-19 Pandemic, therefore, social distancing is very necessary. Therefore, learned counsel for the applicant prays for grant of anticipatory bail to the applicant. He further submits that all the

allegations leveled against him are false and fictitious and if the applicant is arrested, it would adversely affect him mentality and psychology both and his family members would 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 Govt. Advocate for the respondent/State opposes the bail application.

On perusal of case diary, it appears that prima facie evidence is available against the present applicant and allegations are specific therefore, prosecutrix lodged the report against the present applicant and the case has been registered under the aforesaid Section. Thus, considering the nature of offence, 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:-

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:-

(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 Signature Not Verified SAN occasion of his arrest should not arise.

Digitally signed by ASHWANI PRAJAPATI Date: 2021.06.11 17:33:53 IST 3 MCRC-24716-2021

(iii) That, if the applicant-accused files an application under Section 437 of Cr.P.C. for regular bail before lower Court, then same shall be considered expeditiously as soon as possible, preferably, on the same day.

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

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

A.Praj.

Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2021.06.11 17:33:53 IST