ORDER

This is first bail application filed by the applicants under Section 438 of Code of Criminal Procedure for grant of anticipatory bail relating to FIR No.1023/2023, registered at Police Station Rampur naikin District Sidhi (M.P.) for the offence punishable under Section 34(2) of the M.P. Excise Act.

2. Application is disposed off directing the Investigation Officer as well as trial Court to follow the directions issued in judgments passed by Apex Court in case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 and Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in (2022) 10 SCC 51.

3. 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 to ensure what we h a v e observed above, we give the following direction:

11.1. All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the para