IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

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ON THE 27 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 3436 of 2026 MUKUL SHARMA Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Pramod Kumar Pachori - Advocate for applicant.

Ms Anjali Gyanani - Public Prosecutor for respondent/State.

ORDER The applicant has filed this first application under Section 482 of BNSS/438 of the Code of Criminal Procedure for grant of anticipatory bail. Applicant apprehends his arrest in connection with Crime No.76/2025 registered at Police Station Gijorra, District Gwalior for the offence punishable under Sections 125, 125(A), 296, 351(2) of BNS.

Learned counsel for the applicant submits that the alleged offences are punishable with a maximum sentence of seven years’ imprisonment. Reliance has been placed upon the judgment of the Hon’ble Supreme Court in Arnesh Kumar vs. State of Bihar and Another, (2014) 8 SCC 273, wherein it has been categorically held that in cases involving offences punishable up to seven years, the police must avoid unnecessary arrests and should exercise discretion strictly in accordance with law. It is contended that the applicant is entitled to the protection of anticipatory bail and that arrest, if at all required, should be effected only after recording cogent reasons and only when it becomes absolutely necessary for the purpose of investigation.

Learned counsel for the State opposed the application and prayed for its rejection.

Having heard the parties and perusing the case diary, this Court finds that the offences registered against the applicant are punishable with imprisonment up to seven years. In view of judgment of the Apex Court in the matter of Arnesh Kumar vs. State of Bihar ( supra), the police may resort to arrest only when necessary and if the applicant fails to cooperate with the investigation. The applicant should first be summoned to cooperate in the investigation, and if he does so, arrest should not be effected. The guidelines laid down by the Apex Court in the matter of Arnesh Kumar vs. State of Bihar (supra) for offences punishable up to seven years are as follows:

"9.1 Section 41 Cr.P.C. mandates that arrest should not be made merely because a person is accused of an offence punishable up to seven years. Arrest is justified only if necessary to prevent further offences, ensure proper investigation, prevent tampering with evidence, or secure the attendance of the accused in court.

9.2 The police officer must record reasons in writing for either making or not making an arrest.

9.3 Section 41-A Cr.P.C. requires issuance of a notice to appear before the police where arrest is not required. Compliance with the notice generally precludes arrest unless reasons are recorded."

In view of the above principles and considering the facts and circumstances of the case, the Court directs as under:

i) The police may effect arrest of the applicant only if deemed necessary after his failure to cooperate in the investigation.

ii) The applicant shall first be summoned to cooperate in the investigation. If he cooperates, there shall be no occasion for arrest.

With the above directions, the present anticipatory bail application is disposed of.

CC as per rules/directions. (MILIND RAMESH PHADKE)

JUDGE