SAGAR KUMAR TAMRAKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Learned counsel for the rival parties are heard. This is first bail application under section 438 of the Code of Criminal Procedure. Applicant apprehends arrest in connection with Crime No.94/2019 registered at Police Station Bhander District Datia (M.P.) for the offences punishable under sections 498-A of the IPC and Section 3/4 of the Dowry Prohibition Act.

(2.) Learned counsel for the applicant submits that he is aged about 21 years and he has falsely been implicated in the matter. It is also submitted by the counsel for applicant that applicant is the permanent resident of Bhander District Datia. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of anticipatory bail is made out.

(3.) However, looking to the fact that since the offence in question attracts punishment less than 7 years and therefore, in view of the principles laid down by the Supreme Court in the case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273, It is directed that in offences involving punishment up to seven years imprisonment the police may resort to the extreme step of arrest only when the same is necessary and the petitioner does not cooperate in the investigation. The petitioner should first be summoned to cooperate in the investigation.