Gajendra Kumar vs The State Of Madhya Pradesh
2022 Latest Caselaw 161 MP

1            High Court of Madhya Pradesh : Bench at Indore
                           M.Cr.C.No.64629/2021
                   (Gajendra Kumar Vs. State of M.P.)

Indore : Dated :-4/1/2022

      Shri Aditya Raj Singh Solanki, learned counsel for the applicant.

      Shri Mukesh Sharma, learned counsel for the respondent/State.

Case diary is available with the counsel for the applicant.

This is the first application filed under section 438 of the Cr.P.C.

for grant of anticipatory bail to the applicant, who is apprehending his

arrest in connection with Crime No.665/2021 registered at Police

Station, Kanadia District Indore for commission of offence punishable

under Section 384 of IPC.

The prosecution story in brief is that in the month of August,

2019, applicant in-connivance with his lady associate/partner Roshani

Soni called the complainant Harshit Gupta in his office and gave him

some intoxicating pill and thereafter clipped some obscene

photographs of Roshani Soni with the complainant and started

blackmailing him and threatened him to get viral the same.

Learned counsel for the applicant submits that applicant and

complainant were doing business and there were some business

disputes between them. The applicant and complainant both made

several complaints against each other but none of complaint has been

by the complainant mentioned about the aforesaid act. He lodged a

complaint after about a lapse of two years. Applicant is innocent and 2 High Court of Madhya Pradesh : Bench at Indore M.Cr.C.No.64629/2021 (Gajendra Kumar Vs. State of M.P.)

has been falsely implicated in the matter. Therefore, he is entitled for

anticipatory bail.

Learned counsel for the respondent State submits that applicant

did not cooperate in the investigation and looking to the allegation

made against him, his custodial interrogation is also required. Offence

alleged against the applicant are of serious nature, therefore, he is not

entitled for anticipatory bail.

Having considered the rival submissions and also going through

the material produced on record, since investigation is going on and

requirement of custodial investigation of the applicant cannot be

denied, therefore, in view of this Court the applicant is not entitled for

anticipatory bail. Offence alleged against him are punishable not more

than 7 years of imprisonment. Therefore, considering the fact that FIR

is delayed by more than two years and also looking to the nature of

offence, 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 3 High Court of Madhya Pradesh : Bench at Indore M.Cr.C.No.64629/2021 (Gajendra Kumar Vs. State of M.P.)

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) REENA Judge Digitally signed by REENA PARTHO SARKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH

PARTH INDORE, ou=JUDICIAL, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=14e70a287a42438a98dc d4449c9a456209ff4272bed8d6ba

O c1452f3fb432e6d0, pseudonym=4D262EA10E4754EB A7A5EF1D45A35E25EA8D4708, serialNumber=58C860AFE3BD7B9

das SARKAR 233B3B2D74632A61BEFDC37F85 CE50264BCF843011F77654D, cn=REENA PARTHO SARKAR Date: 2022.01.05 10:05:23 +05'30' 4 High Court of Madhya Pradesh : Bench at Indore M.Cr.C.No.64629/2021 (Gajendra Kumar Vs. State of M.P.)