Rakesh Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 3113 MP

                                                          1
                          IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                 ON THE 4th OF MARCH, 2022

                                       MISC. CRIMINAL CASE No. 6676 of 2022

                              Between:-
                              RAKESH SINGH S/O LATE SHRI RAJANBHAIYA
                              SINGH , AGED ABOUT 46 YEARS, OCCUPATION:
                              BUSINESSMAN R/O 1 4 6 JUHIKALA INFRONT OF
                              CHANDRA MOTOR KANPUR DISTRICT KANPUR
                              (U.P) (UTTAR PRADESH)

                                                                                          .....APPLICANT
                              (BY SHRI RANJAN BANERJEE, ADVOCATE)

                              AND

                              THE STATE OF MADHYA PRADESH THROUGH PS
                              CIVIL LINES DISTRICT CHHATARPUR (M.P)
                              (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                              (BY SHRI DINESH PRASAD PATEL, PANEL LAWYER)

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

This is first application under Section 438 of the Cr.P.C. for grant of

anticipatory bail who is apprehending his arrest in connection with case Crime No.394/2020 registered at Police Station Civil Lines, District Chhatarpur (M.P.) for offences punishable under Sections 457, 380, 511, 419 and 34 of I.P.C.

It is submitted that though Police is bound to issue notice under Section 41- A of Cr.P.C. in the light of law laid down by Supreme Court in case of Arnesh Kumar versus State of Bihar & Another (2014) 8 SCC 273 but no notices have been issued. Applicant is willing to co-operate with the I.O. and no useful purpose is going to be served by taking him in custody.

Learned Government Advocate is in agreement that no notice under Section 41-A is issued to the applicant till now, police authorities have not issued notice under Section 41-A Cr.P.C. in terms of the requirement of law laid down in the case of Arnesh Kumar (supra).

Signature
 SAN      Not
Verified                    After issuance of notice under Section 41-A of Cr.P.C., applicant has not
Digitally signed by
APARNA TIWARI
Date: 2022.03.04

been arrested and charge-sheet has been filed, therefore, it is evident that 17:17:06 IST

Investigating Officer has no intention of arresting the applicant, and therefore, this case can be disposed of in the light of law laid down in the judgment of Supreme Court in case of Satender Kumar Antil Vs. Central Bureau of Investigation and Others in Special Leave to Appeal (Criminal) No.5191/2021 decided on

7.10.2021 directed the applicant to appear before the trial Court upon filing of the charge-sheet and to move application for bail and the trial Court shall consider such application in terms of the direction issued by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation (supra).

I n the same terms, the present anticipatory application is disposed of directing the applicant to appear before the trial Court and move bail application which trial Court shall consider in the light of Satender Kumar Antil Vs. Central Bureau of Investigation and Others (supra).

In above terms, this anticipatory bail application is disposed of.

(VIVEK AGARWAL) JUDGE AT