Smt.Rajani Gandhi vs The State Of Madhya Pradesh
2022 Latest Caselaw 3156 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. 8800 of 2022

                               Between:-
                               SMT.RAJANI GANDHI W/O NARENDRA JEET
                               SINGH GANDHI , AGED ABOUT 47 YEARS,
                               OCCUPATION: HOUSEWIFE FLAT NO.G-2, PLOT
                               NO.102-103, MEGHA APARTMENT,    BRIGHT
                               COLONY, IDGAH HILLS, BHOPAL (MADHYA
                               PRADESH)

                                                                                         .....APPLICANT
                               (BY SHRI ANKIT SAXENA, ADVOCATE)

                               AND

                               THE STATE OF MADHYA PRADESH THROUGH
                               POLICE STATION SHAHJAHANABAD POLICE
                               STATION SHAHJAHANABAD (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                               (BY SHRI ARVIND SINGH, 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 her arrest in connection with case Crime No.56/2022 registered at Police Station Shahjahanabad, District Bhopal (M.P.) for offences punishable under Sections 384 of I.P.C. and under Section 4 of Madhya Pradesh Riniyon ka Sanrakshan Adhiniyam.

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 her 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

Signature SAN Not under Section 41-A Cr.P.C. in terms of the requirement of law laid down in the Verified

Digitally signed by case of Arnesh Kumar (supra). APARNA TIWARI Date: 2022.03.09 09:38:44 IST

After issuance of notice under Section 41-A of Cr.P.C., applicant has not been arrested, therefore, it is evident that 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