Ashish vs The State Of Madhya Pradesh
2021 Latest Caselaw 7945 MP

                                                                        1                            MCRC-43103-2021
                                               The High Court Of Madhya Pradesh
                                                       MCRC No. 43103 of 2021
                                                           (ASHISH Vs THE STATE OF MADHYA PRADESH)


                                     Jabalpur, Dated : 29-11-2021
                                            Shri S.K.Sharma, learned counsel for the applicant.

                                            Shri Akshit Arjariya, learned Panel Lawyer for the respondent/State.

Case diary is available.

This is first application under Section 438 of CrPC for grant of anticipatory bail.

T h e applicant apprehends his arrest in Crime No.323/2021 registered by Police Station Niwari, District-Tikamgarh (M.P.) for offence punishable under Section 420 of IPC.

It is submitted that the applicant is a Government Servant working as a clerk in the office of Collectorate, Niwadi. It is submitted that there are allegations against the present applicant that he has taken Rs.7,00,000/- from the complainant on the false promise of granting him service but, no service was granted to him. Complaint was made against the present applicant and on the basis of the complaint, Collectorate, Niwadi has directed Superintendent

of Police, Niwadi to take cognizance in the matter and on the basis of which FIR was registered. It is pointed out that he has returned all the amount which was taken by him as alleged by the complainant and to the aforesaid effect an affidavit was filed. He is ready to cooperate in the investigation. As the applicant is a government servant and sending him to jail will ruin his entire career.

It is pointed out that the punishment in the aforesaid offence is of seven years, he prays for grant of anticipatory bail, in the light of judgment passed by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs.State of Bihar, reported in (2014) 8 SCC 273.

Per contra, counsel appearing for the State has opposed the application and submitted that there are specific allegations against the present applicant. Signature Not Verified SAN He is working as a clerk in the office of the Collectorate and then also he has Digitally signed by SHALINI LANDGE Date: 2021.11.30 10:47:46 IST 2 MCRC-43103-2021 committed such an offence but the offence under Section 420 of the IPC is registered against the present applicant and no other offence has been registered against the present applicant. The applicant is the first offender as per the case diary. In view of the aforesaid, he prays for dismissal of this anticipatory bail application.

Heard the learned counsel for the parties and perused the case diary. Considering the overall facts and circumstances of the case and the fact that the applicant a government servant working as clerk in the office of Collectorate, Niwadi, this Court deems it appropriate to disposed of the bail application in view of the principles laid down by the Supreme Court in the case of Arnesh Kumar (supra). The applicant should first be summoned to cooperate in the investigation. If the applicant cooperate and the punishment is of seven years for the aforesaid offence, and without commenting upon the merits of the case and in the investigation then the occasion of his/her arrest should not arise.

In view of above and considering the principles laid down by the Apex Court in the case of Arnesh Kumar (Supra), this Court is inclined to allow the application and 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.

W i t h the aforesaid directions, subject to verification that the applicant is the first offender, the present anticipatory bail application stands disposed of.

Let E-copy of this order be sent to the trial Court concerned for information.

Certified copy/ e-copy as per rules/directions.

Signature Not Verified
  SAN




Digitally signed by SHALINI LANDGE
Date: 2021.11.30 10:47:46 IST
                                            3        MCRC-43103-2021
                                               (VISHAL MISHRA)
                                                    JUDGE
                                     Sha




Signature Not Verified
  SAN




Digitally signed by SHALINI LANDGE
Date: 2021.11.30 10:47:46 IST