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DEEPAK KUMAR AGARWAL
Rajveer Baghel – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar agarwal, J. - 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.42/2022 registered at Police Station Jaura, District Morena for the offences punishable under Sections 420 , 272 & 273 of IPC.
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. He is ready to abide by all the terms and conditions which may be imposed by this court while considering the application for grant of anticipatory bail. Counsel for the applicant prays that the application may be allowed in terms of Arnesh Kumar vs. State of Bihar , (2014) 8 SCC 273 .
Per contra, Counsel for the State has opposed the application and prayed for rejection.
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 wh
The court emphasized adherence to guidelines for arrest, ensuring that police do not arrest without necessity and that judicial authorization requires proper justification.
Anticipatory bail granted under conditions of cooperation with the investigation, following guidelines from precedent cases on arrest protocols.
Procedure under Section 41A of Cr.P.C. must be followed for arrests in cases carrying punishment of seven years or less.
Anticipatory bail procedures under the Cr.P.C. must be adhered to, specifically regarding notice issuance and applicable offences.
The court ruled that police must follow procedure under Section 41A of the Cr.P.C. when arresting individuals in offences carrying less than seven years imprisonment.
The absence of notice under Section 35 of the BNSS negates anticipatory bail for offenses punishable by seven years or less.
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