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2024 Supreme(Online)(MP) 4548

HIGH COURT OF MADHYA PRADESH
Suraj Singh @ Mahant – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Sharad Verma,Advocate General

ORDER

This is the first bail application filed on behalf of the applicants/accused under Section 438 of the Cr.P.C. for grant of anticipatory bail, as they are under apprehension of their arrest, in connection with Crime No. 67/2024, registered at Police Station Chandera, District Tikamgarh (M.P.) for the offences punishable under Section 34(2) of M.P. Excise Act.

2. Learned counsel appearing for the applicants submitted that notices has been given to applicants under Section 41-A of Cr.P.C. Applicants are apprehending their arrest. In these circumstances, applicants may be granted anticipatory bail.

3 . Learned Govt. Advocate appearing for the State opposed the application for grant of anticipatory bail.

4. Heard the learned counsel for the parties.

5. Since offence is punishable upto three years of imprisonment, therefore, case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 will be attracted. Supreme Court in case of Arnesh Kumar (supra) 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








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