Brajendra Mishra vs The State Of M.P
2021 Latest Caselaw 610 MP

                                                         1                           MCRC-6425-2021
                              The High Court Of Madhya Pradesh
                                        MCRC-6425-2021
                                            (BRAJENDRA MISHRA Vs THE STATE OF M.P)

                      3
                      Jabalpur, Dated : 10-03-2021
                            Shri Anoop Kumar Saxena, Advocate for the applicant.
                            Shri Yogendra Das Yadav, G.A. 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.23/2021 registered at Police Station-Civil Lines, District-Chhatarpur, (MP), for the offence punishable under Section 379, 414 of IPC and Section 21 of M.P. Ret Adhiniyam, 2019.

The matter in brief is that on 10.11.2020 during the patrolling of police,the police reached nrear Petrol Pump, Satai Road, Chhatarpur, at that relevant time one Mahindra Tractor bearing Registration No. MP-16-AC-9108 was illegally loaded with sand on the alleged tractor without having license or authority. The present applicant is owner of the alleged vehicle.

Learned counsel for the accused/applicant submits that the applicant

has been falsely implicated in this case only on the instance of some ante persons and police officials. Applicant is the owner of the alleged vehicle. He has not illegally theft the sand and directed to transport it. The driver of the applicant was transporting the illegal sand. Applicant has no knowledge about the transportation. There is no direct evidence available on the record against this applicant-accused. He has no criminal antecedent. Apart from this, the concerned police, who has seized the vehicle of the applicant, has informed to the Collector, Chhatarupur, who imposed a fine of Rs. 1,000/- upon the petitioner on 23.12.2020 and in compliance of the same, applicant has deposited the same. There is no probability of his absconding or tampering with the prosecution evidence. Therefore, learned counsel for the petitioner

Signature Not prays for grant of anticipatory bail to the applicant. SAN Verified

Digitally signed by PALLAVI SINHA Date: 2021.03.12 17:45:43 IST 2 MCRC-6425-2021 Learned counsel for the respondent-State opposes the prayer of the applicant.

After hearing both the parties, on perusal of record and considering the act of present applicant in the alleged crime, as well as looking to the specific allegation made against him, I am not inclined to allow this bail application.

Since, the offences 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 seven years, the accused may be kept in custody only if the condition enumerated in Section 41(1)(b)(ii) of Cr.P.C. exist. 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......".

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 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 is arrested and he wants to file application under Section 439 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. Accordingly, in view of aforesaid, this petition is disposed off with the aforesaid directions.

C.C. as per rules.

Signature
 SAN      Not
Verified

Digitally signed by
PALLAVI SINHA
Date: 2021.03.12
17:45:43 IST
                                 3                    MCRC-6425-2021
                                    (RAJENDRA KUMAR SRIVASTAVA)
                                               JUDGE
                      Pallavi




Signature
 SAN      Not
Verified

Digitally signed by
PALLAVI SINHA
Date: 2021.03.12
17:45:43 IST