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2024 Supreme(Online)(MP) 33073

HIGH COURT OF MADHYA PRADESH
Santosh Kumar Kushwaha – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Arubendra Singh Parihar,Advocate General

ORDER

This is the first bail application filed on behalf of the applicant/accused under Section 438 of the Cr.P.C. for grant of anticipatory bail, as he is under apprehension of his arrest, in connection with Crime No.877/2023, registered at Police Station Nagod, District Satna (M.P.) for the offences punishable under Sections 363, 344, 346, 365 and 506-II of IPC.

2. Learned counsel appearing for the applicant submitted that offences are punishable upto 7 years of imprisonment, therefore, instead of arresting the applicant, Investigating Authority ought to have given him notice under section 41A CrPC. Applicant is ready to co-operate in investigation of case. 3. Learned Govt. Advocate appearing for the respondent/State submitted that judgment passed by the Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in 2014 (8) SCC 273, will be complied with. 4. Supreme Court in case of Arnesh Kumar Vs. State of Bihar reported in 2014 (8) SCC 273, has given following directions :- "11. Our endeavour in this judgment is to ensure that police officers do not arrest accused unnecessarily and Magistrate do not authorise detention casually and mechanically. In order to ensure







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