Palash Kadwe vs State Of Madhya Pradesh

Rajendra Kumar Srivastava, J

This is first bail application filed on behalf of the applicant under Section 438 of the Code of Criminal Procedure.

The applicant is apprehending his arrest in connection with Crime No.244/2020 registered at Police Station-Lavaghoghari, District-Chhindwara (M.P.),

for the offence punishable under Section 379 of the IPC and 66/192, 39/192(1), 130(3) and 177 of Motor Vehicles Act.

Prosecution case, in short, is that on 29.10.2020, the police officials of police station-Lavaghoghari received an information from informant that three

tractors were being transported illegal sand from Kanhan River. Thereafter police officials reached the spot and at about 14:00 am one red colour

tractor of Mahindra 575 Yuvo with one hydraulic trolley was stuck up without any number in which illegal mineral sand was filled, thereafter police

officials stopped and asked the tractor driver in turn, who replied that his name is Omkar and owner of said vehicle is Palas kawde. Thereafter, police

has registered the case against the applicant.

Learned counsel for the applicant submits that the applicant is innocent person and has been falsely implicated in this case. he further submits that

applicant had not participated in the said offence and all the allegations leveled against him are false and fictitious. The said offence is triable by

Magistrate First Class and no offence is made out against the present applicant. At the time of incident, present applicant was not present on the spot

and he has no idea about the transportation of sand, merely on suspicion, the present applicant has made an accused. He further submits that if the

applicant is arrested, it would adversely affect his mentality and psychology because the age of applicant is 25 years and his family members would

suffer irreparable loss. He also relied on the judgment of Hon'ble the Apex Court in the case of loss. He also relied on the judgment of Hon'ble the

Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273.

Per-contra, learned P.L. for the respondent/State opposes the bail application.

Heard the arguments of both the parties and perused the case diary.

On perusal of case diary, sand was being illegally transported by tractor of Mahindra 575 Yuvo from the Kanhan River. Applicant is owner of the said

vehicle. Therefore, the allegations are specific and thus, I am not inclined to grant anticipatory bail to the applicant.

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 the same is necessary and the applicant fails to cooperate in the investigation.

(ii) That, 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.

Accordingly, this petition is disposed off. C.c. as per rules.