Mukesh Kumar vs The State Of Madhya Pradesh
2022 Latest Caselaw 3155 MP

                                                           1
                          IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                  ON THE 7th OF MARCH, 2022

                                       MISC. CRIMINAL CASE No. 8901 of 2022

                               Between:-
                               MUKESH KUMAR S/O L.N. NAMDEO , AGED
                               ABOUT 53 YEARS, OCCUPATION: NIL R/O B-45
                               VIJAY NAGAR COLONY NEAR TATA SHOWROOM
                               LALGHATI BHOPAL (MADHYA PRADESH)

                                                                                           .....APPLICANT
                               (BY SHRI RAHUL DESHMUKH, ADVOCATE)

                               AND

                               THE STATE OF MADHYA PRADESH THROUGH
                               POLICE STATION DAMUA DISTT. CHHINDWARA
                               M.P. (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                               (BY SHRI SHIV KUMAR SHRIVASTAVA, GOVERNMENT ADVOCATE)

                            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.21/2014 registered at Police Station Damua, District Chhindwara (M.P.) for offences punishable under Section 420 of Indian Penal Code.

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 After issuance of notice under Section 41-A of Cr.P.C., applicant has not Verified

Digitally signed by been arrested, therefore, it is evident that Investigating Officer has no intention of APARNA TIWARI Date: 2022.03.09 09:38:46 IST

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