Pradeep @ Nandu Patel vs The State Of M.P
2021 Latest Caselaw 4914 MP

                                                          1                            MCRC-39519-2021
                               The High Court Of Madhya Pradesh
                                         MCRC-39519-2021
                                     (PRADEEP @ NANDU PATEL Vs THE STATE OF M.P AND OTHERS)


                      Jabalpur, Dated : 01-09-2021
                              Heard through Video Conferencing.

                              Shri Rajendra Yadav, learned counsel for the applicant.
                              Shri Yogendra Das Yadav, learned G.A. for the respondent/ State.

This is first application filed under Section 438 of Cr.P.C. for grant of anticipatory bail to the applicant, as he is apprehending his arrest in

connection with Crime No.06/2021, registered at Police Station- Mahila Campus, Kotwali, Seoni District Seoni (M.P.) for offences punishable under Section 294, 323, 341, 354, 506 of IPC, 7/8 of POSCO Act 2012, & 3(1)(r)

(s), 3(1)(w)(1), 3(2)(a) of SC/ST Act.

Prosecution story in brief is that the applicant knowing the fact that prosecutrix is minor and member of SC/ST abused and assaulted with intend to outrage her modesty.

Learned counsel for the applicant submitted that false and fabricated report has been lodged against the applicant. FIR is delayed by five days

without any sufficient plausible explanation. No case under SC/ST act is made out against him. Therefore, applicant may be released on anticipatory bail.

Learned counsel for the respondent/ State opposed the application and submitted that the applicant has insulted the prosecutrix calling her by caste and assaulted with intend to outrage her modesty, hence, he may not be released on 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 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, Signature Not SAN Verified the accused may be kept in custody only if the condition enumerated in Digitally signed by KRISHAN KUMAR CHOUKSEY Date: 2021.09.02 11:00:44 IST 2 MCRC-39519-2021 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 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 their arrest should not arise.

(iii) That, if the applicant-accused is arrested and he wants to file application under Section 437 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.

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

                                                                   (SATYENDRA KUMAR SINGH)
                                                                            JUDGE


                      kkc




Signature
 SAN      Not
Verified

Digitally signed by
KRISHAN KUMAR
CHOUKSEY
Date: 2021.09.02
11:00:44 IST