Sudhir Gupta vs The State Of Madhya Pradesh
2022 Latest Caselaw 9772 MP

                                                         1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                 ON THE 15th OF JULY, 2022

                                     MISC. CRIMINAL CASE No. 27476 of 2022

                              Between:-
                              SUDHIR GUPTA S/O RAMESHCHANDRA GUPTA ,
                              AGED    ABOUT    46    YEARS, OCCUPATION:
                              BUSINESS R/O WARD NO.5 IN FRONT OF
                              POLICE STATION NIWADI POLICE STATION
                              AND    DISTRICT     NIWADI M.P. (MADHYA
                              PRADESH)

                                                                                       .....PETITIONER
                              (BY MR. BRAJESH K. DUBEY, ADVOCATE)

                              AND

                              THE STATE OF MADHYA PRADESH THROUGH
                              POLICE    STATION   GOYRA    DISTRICT
                              CHHATARPUR (MP) (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                              (BY MR. K.S.PATEL, GOVT. ADVOCATE)

                            This application coming on for admission this day, the court passed the
                      following:
                                                          ORDER

This is first bail application filed on behalf of the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail, as he is under apprehension of his arrest in connection with Crime No.22/2022, registered at Police Station Goyra, District-Chhatarpur (M.P.) for the offence punishable under Sections 379, 414 of IPC, 4/1 of Mines and Minerals Act, 1957, Rule 18(1),18(2) of MP Mining Rules, 2006 & MP Ret(Khanan Parivahan Bhandharan Avam Vyapar) Signature SAN Not Verified Rules, 2019.

Digitally signed by NEETI TIWARI Learned counsel appearing for applicant submitted that police has issued Date: 2022.07.15 17:42:55 IST

notices to applicant under Section 41-A of Code of Criminal Procedure. It is submitted that applicant will appear before the trial Court as and when directed by the Investigating Officer. It is submitted by him that since offence is punishable with 7 years of imprisonment, therefore, in view of the judgment of Apex Court in the case of Arnesh Kumar Vs. State of Bihar-(2014) SCC 427, applicant may not be arrested unnecessarily. I n these circumstances, he prays for grant of anticipatory bail to applicant.

Learned Govt. Advocate appearing for the respondent/State opposed the application for grant of anticipatory bail. It is submitted by him that applicant did not appear before the trial Court, therefore, his application for anticipatory

bail may be rejected.

Heard the counsel for the parties.

Since notice has been issued to applicant under Section 41-A of Cr.P.C, which shows that Investigating Officer is not going to arrest the applicant at present, therefore, application filed by applicant for grant of anticipatory bail is disposed off in terms of order passed by Apex Court in the case of Arnesh Kumar (supra).

                                                                                 (VISHAL DHAGAT)
                                                                                           JUDGE
                      nd




Signature
 SAN      Not
Verified

Digitally signed by
NEETI TIWARI
Date: 2022.07.15
17:42:55 IST