SHIVAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application filed by the applicant under Sec. 438 of the Cr.P.C. for grant of anticipatory bail relating to Crime No. 542 of 2023 registered at Police Station City Kotwali, District Bhind (M.P.) for the offence under Ss. 308, 506, 34 of IPC. Learned counsel for the applicant/accused argued that applicant is innocent and has been falsely implicated. No role has been attributed on applicant/accused to fire gun shot. Further submission is that the applicant/accused is not keeping well and his liver has been damaged more than 60% which is evident from the treatment papers annexed this application. Further submission is that the applicant is the permanent resident of District Bhind (M.P.) and there is no likelihood of his absconsion or tampering with the prosecution evidence, therefore, he prays for grant of anticipatory bail to the applicant.

(2.) On the other hand, learned Public Prosecutor for the respondent/State vehemently opposed the bail application and prayed for its rejection. Heard learned counsel for the rival parties and perused the case diary available on record. Considering the facts and circumstances of the case, without commenting upon the merits of the case, this Court finds it appropriate to grant anticipatory bail to the applicant in the light of the case of Arnesh Kumar Vs. State of Bihar [(2014) 8 SCC 273] looking to the fact that since the offence in question attracts punishment up to 7 years and, therefore, in view of the principles laid down by the Supreme Court in the case of Arnesh Kumar (supra), it is directed that in offences involving punishment up to seven years imprisonment the court may resort to the extreme step of arrest only when the same is necessary and the applicant does not cooperate in the investigation. The applicant should first be summoned to cooperate in the investigation. If the applicant cooperates in the investigation then the occasion of his arrest should not arise.

(3.) For ready reference and convenience the guidelines laid down by the Supreme Court in the case of Arnesh Kumar Vs. State of Bihar [(2014) 8 SCC 273] are enumerated below:-