Rupesh Raja Bundela vs The State Of Madhya Pradesh
2021 Latest Caselaw 5080 MP

                                                          1                           MCRC-43489-2021
                                The High Court Of Madhya Pradesh
                                          MCRC-43489-2021
                                      (RUPESH RAJA BUNDELA Vs THE STATE OF MADHYA PRADESH)


                      Jabalpur, Dated : 06-09-2021
                               Heard through Video Conferencing.

                               Shri Chandrapal Singh Parmar, counsel for the applicant.
                               Shri Yogendra Das Yadav, Government Advocate for the respondent/

State.

This 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.279/2021, registered at Police Station- Malthone, District-Sagar (M.P.) for offences punishable under Sections 353, 332, 323, 294 and 506 of the IPC.

Prosecution story in brief is that complainant/Secretary Gram Panchayat Hardout alongwith others was measuring drain, applicant along with other co-accused persons reached there and abused, threatened and assaulted the complainant and representative of Sarpanch.

Learned counsel for the applicant submitted that applicant along with

other persons were demanding their wages, which were not paid by the complainant and Sarpanch of Gram Panchayat Hardout. Applicant has made a complaint against them due to which they filed false and fabricated complaint against him. FIR is delayed by 2 days without any reasonable cause and the whole prosecution story is doubtful. Applicant has not committed any offence and he has been falsely implicated in the matter. Learned counsel for the applicant has filed affidavit of Somkumar, Kuwarlal, Daggiraja, Arvind, Bahoran in support of his submission. The principle of Arnesh Kumar's c as e are also applicable to the case of applicant. The applicant is ready and willing to co-operative the investigation agency and furnish appropriate surety as may be imposed on him.

Per-contra learned counsel for the respondent/ State opposed the said Signature Not SAN Verified application for grant of anticipatory bail to the applicant and submitted that Digitally signed by MRS RASHMI CHIKANE PASWAN Date: 2021.09.07 10:55:25 IST 2 MCRC-43489-2021 applicant is a habitual offender and about 8 criminal cases are registered against him. Offences alleged against him are of serious in nature, therefore, he be not 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, the accused may be kept in custody only if the condition enumerated in 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 his 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.

Signature
 SAN      Not
Verified

Digitally signed by
MRS RASHMI
CHIKANE PASWAN
Date: 2021.09.07
10:55:25 IST
                            3                MCRC-43489-2021
                               (SATYENDRA KUMAR SINGH)
                                        JUDGE
                      RC




Signature
 SAN      Not
Verified

Digitally signed by
MRS RASHMI
CHIKANE PASWAN
Date: 2021.09.07
10:55:25 IST