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Judgment
6 paragraphs · 180 wordsKuldeep Mathur, J
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the petitioner apprehending his arrest in connection with FIR No.49/2024, registered at Police Station Raipur, District Pali, for the offences under Sections 498A, 406, 323 and 313 of the IPC.
Heard learned counsel for the petitioner and learned Public Prosecutor.
Looking to the nature of allegations levelled against the petitioner in the FIR, this Court is not inclined to grant indulgence of anticipatory bail to the petitioner.
However, keeping in mind the provisions contained in Section 41A Cr.P.C. as well as the judgment passed by Hon’ble the Supreme Court in the case of Arnesh Kumar vs. State of Bihar, reported in AIR 2014 SC 2756 squarely apply, the Investigating Officer shall adhere to the aforesaid legal provision as well precedent law shall not effect the arrest in routine manner and before effecting the arrest, the Investigating Officer shall issue a prior notice to the petitioner under Section 41A Cr.P.C.
With the aforesaid direction, the criminal misc. bail application under Section 438 Cr.P.C. is disposed of.