ABA/46/2020
2021 Latest Caselaw 55 UK

ABA No.46 of 2020
Hon'ble R.C. Khulbe, J.

Mr. Ganesh Kandpal, learned counsel for the petitioner.

Mr. A.K. Sah, learned DAG for the State.

Heard learned counsel for the parties. This anticipatory bail application is filed seeking for a writ of certiorari to quash the FIR lodged against the petitioner, details whereof are given in the prayer clause.

It is argued by learned counsel for the petitioner that the accused is not named in the FIR; she was an employee in the company; she has no concerned with the money.

Learned counsel for the applicant as well as learned State counsel agree to decide the present matter in light of judgment of Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 SCC

273. In view of the judgment rendered by Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar and another, the petitioners should be arrested only when the Investigating Officer has reason to believe on the basis of information and material collected, that they have committed an offence. Before making arrest, the Investigating Officer is required to satisfy himself that the arrest is necessary for one or more purposes envisaged by Sub-Clauses (a) to (e) of Clause (1) of Section 41 of Cr.P.C. It will not be based upon the ipsi dixit of the Police Officer. In other words, the petitioner shall be arrested only when the conditions stipulated in Sub-Clauses (a) to

(e) of Clause (1) of Section 41 of Cr.P.C. are satisfied. Petitioner is directed to contact the Investigating Officer on or before 27.01.2021.

Anticipatory bail application is summarily disposed of with the direction as above.

All pending applications also stand disposed of.

(R.C. Khulbe, J.) 06.01.2021 BS