Madhya Pradesh High Court
Neelu Vishwakarma vs The State Of Madhya Pradesh on 28 October, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-52780-2021
The High Court Of Madhya Pradesh
MCRC-52780-2021
(NEELU VISHWAKARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 28-10-2021
Shri Mahendra Choubey, learned counsel for the applicants.
Shri Satpal Chadhar, learned G.A. for the respondent/State.
This is first application filed by the applicants under Section 438 of Cr.P.C. for grant of anticipatory bail.
Applicants are apprehending their arrest in connection with Crime No.543/2021 registered at Police Station-Belbagh, District-Jabalpur (MP), for the offence punishable under Sections 353, 332, 294, 506, 186, 34 of IPC.
Prosecution story, in short, is that on 25.09.2021, the S.I. Mahendra Shukla of Police Station Belbagh received an information that play of gambling is doing through satta-patti by co-accused Bhaiyalal Vishwakarma. Thereafter, Sub Inspector/complainant/Sandhya Chandel and other police officials reached on the spot. Co-accused Bhaiyalal Vishwakarma was playing gambling through satta-patti. Co-accused Bhaiyalal Vishwakarma caught red handed by the police officials. When police officials tried to seize papers of satta-patti, pen, mobile, calculator and some amount from co-accused Bhaiyalal Vishwakarma. Then present applicants caught hold the Sub Inspector/Sandhya Chandel and they voluntarily caused hurt to the complainant and obstructed to discharge their duties.
Learned counsel for the applicants/accused submits that the applicants have been falsely implicated in this case. Applicants/accused are married lady. They have not committed any offence. There is no probability of their tampering with the prosecution evidence. No custodial interrogation is required in this case. He further submits that all the allegations leveled against them are false and fictitious and if the applicants are arrested, it would adversely affect their mentally and psychology both and their family members would suffer irreparable loss. With the aforesaid, he prays for allowing this Signature Not Verified SAN bail application.
Digitally signed by LALIT SINGH RANA Date: 2021.10.29 17:44:13 IST2 MCRC-52780-2021 Per-contra, learned P.L. for the respondent/State opposes the bail application.
O n perusal of case diary, it appears that prima facie evidence is available against the present applicants and allegations are specific therefore, complainant has filed a complaint against the present applicants and the case has been registered under the aforesaid Section. Thus, I am not inclined to grant anticipatory bail to the applicants. However, keeping in mind the view taken by Hon'ble the Apex Court in the case of Arnesh Kumar (Supra), this Court is inclined to direct thus:-
However, keeping in mind the view taken by Hon'ble the Apex Court in the case of Arnesh Kumar (Supra), this Court is inclined to direct thus:-
(i) That, the police may resort to the extreme step of arrest only when t h e same is necessary and the applicants fails to cooperate in the investigation.
(ii) That, the applicants should first be summoned to cooperate in the investigation. If the applicants cooperates in the investigation then the occasion of their arrest should not arise.
(iii) That, if the applicants-accused files an application for regular bail before lower Court, then same shall be considered expeditiously as soon as possible, preferably, on the same day.
Accordingly, this petition is disposed off.
C.c. as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE L.R. Signature Not Verified SAN Digitally signed by LALIT SINGH RANA Date: 2021.10.29 17:44:13 IST