The main legal point established in the judgment is that arrest should only be resorted to when necessary, and the accused's cooperation in the investigation should be considered, especially in cases involving punishment less than seven years.

JUDGMENT

Vishal Mishra, J. - In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsel through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

2. Heard the learned counsel for the parties.

3. The applicant has filed this first application u/S.438 Cr.P.C. for grant of anticipatory bail as he has apprehension of his arrest in connection with Crime No.195/2020 registered at Police Station Dimni, District Morena (M.P.) for the offence punishable under Sections 324, 323, 436, 506/34 of IPC.

4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter. He has not committed any offence in any manner. Allegation against the applicant is of causing injury to the complainant's wife Urmila by Lathi. The applicant is ready to abide by all the terms and conditions that may be imposed by this court while considering the application for grant of anticipatory bail. The applicant has shown his willingness to contribute an amount of Rs.5000/- in the account of High Court Bar Association, Gwalior for benefit of the lawyers during this COVID-19 scenario. There is no possibility of his absconding or tampering with the prosecution case. Counsel for the applicant prays that the application may be allowed in terms of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 .

5. Per contra, learned Panel Lawyer for the State has opposed the anticipatory bail application. But he fairly submits that there is no criminal past of the present applicant.

6. However, looking to the fact that since the offence in question attracts punishment less than 7 years and therefore, in view of the principles laid down by the Supreme Court in the case of Arnesh Kumar (Supra), it is directed that in offences involving punishment upto seven years imprisonment the police may resort to the extreme step of arrest only when the same is necessary and the applicant do not cooperate in the investigation. The applicant should first be summoned to cooperate in the investigation. If the applicant cooperates in the investigation then the occasion of his arrest should not arise.

7. For ready reference and convenience the guidelines laid down by the Supreme Court in the case of Arnesh Kumar (Supra) are enumerated below:-

"7.1. From a plain reading of the provision u/S.41 Cr.P.C., it is evident that a person accused of an offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years with or without fine, cannot be arrested by the police officer only on his satisfaction that such person had committed the offence punishable as aforesaid. A police officer before arrest, in such cases has to be further satisfied that such arrest is necessary to prevent such person from committing any further offence; or for proper investigation of the case; or to prevent the accused from causing the evidence of the offence to disappear; or tampering with such evidence in any manner; or to prevent such person from making any inducement, threat or promise to a witness so as to dissuade him from disclosing such facts to the court or the police officer; or unless such accused person is arrested, his presence in the court whenever required cannot be ensured. These are the conclusions, which one may reach based on facts.

7.2. The law mandates the police officer to state the facts and record the reasons in writing which led him to come to a conclusion covered by any of the provisions aforesaid, while making such arrest. The law further requires the police officers to record the reasons in writing for not making the arrest.

7.3 In pith and core, the police officer before arrest must put a questio