Mohammad Suleman vs The State Of Madhya Pradesh
2021 Latest Caselaw 354 MP

                                    1                             MCRC-9259-2021
        The High Court Of Madhya Pradesh
                  MCRC-9259-2021
               (MOHAMMAD SULEMAN Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 01-03-2021
       Shri M. Shafiqullah, Advocate for the applicant.

       Shri Ravindra Singh Rajput, P. L.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.1097/2020 registered at Police Station Hanumanganj, Dsitrict Bhopal (MP), for the offence punishable under Sections 294, 195A, 506 and 34 of IPC.

A s per prosecution, present accused/applicant and co-accused persons abused filthy language to complainant, pressurized him to withdraw previous complainant lodged against applicant and other co-accused in crime No. 970/2020 and also threaten to kill him.

Learned counsel for the applicant submits that the applicant is innocent person and has been falsely implicated in this case by the complainant. He

has not committed any offence. He further submits that except Section 195A of IPC all sections are bailable. 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 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 P.L. for the respondent/State opposes the bail application.

O n perusal of case diary, it appears that prima facie evidence is available against the present applicant and allegations are specific therefore, 2 MCRC-9259-2021 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:-

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 occasion of his arrest should not arise.

(iii) That, if the applicant-accused files an application under Section 439 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 MISHRA ARVIND KUMAR MISHRA 2021.03.01 17:40:07 +05'30'