TaxTMI 
TaxTMI 
2023 (7) TMI 1359
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....r bail. 3. The necessary facts are that the appellant and the second respondent (hereafter referred to as "husband and wife", respectively) were married on 5.11.2020. The appellant alleges that the respondent-wife was not happy and her father used to interfere and pressurize him and his family. This led to complaints lodged against the wife's family for threatening the appellant's family. It is alleged that on 02.04.2022, without complying with the directions of Five Judge Bench in Lalita Kumari vs. Govt. of UP &Ors., [[2013] 14 SCR 713] the concerned Police Station [Gumla Mahila P.S. in Case No. 07/2022], registered the First Information Report (FIR) against the appellant and his brother and others, complaining of commission of offences under Section 498A, 323/504/506 of the Indian Penal Code, 1860 (IPC) and Section 3 & 4 of the Dowry Prohibition Act. 4. The appellant apprehended arrest and applied for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) before the Sessions Judge, Gumla, Jharkhand; that application was dismissed on 28.06.2022. The appellant then approached the Jharkhand High Court seeking anticipatory bail on 05.07.2022. All this wh....
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.... Another [2022] 10 SCR 351 and Siddharth v. State of Uttar Pradesh and Another [(2022) 1 SCC 676] to underline the submissions and also highlighted that it is only if the Investigating Officer believes that the accused may abscond or disobey summons then only, he or she needs to be taken into custody. 8. Learned counsel on behalf of the State submitted that the mere fact that a charge sheet is filed would not per se entitle an accused to the grant of anticipatory bail, which always remains discretionary. The Court always weighs the possibility of an accused [depending on his past conduct] of influencing witnesses or otherwise tampering with evidence. It was highlighted that the respondent, who is a complainant in this case, had alleged harassment on a regular basis by the appellant and his relatives at the matrimonial home just about one and a half months after their marriage and that she had even been threatened with loss of life. It was highlighted that according to the complainant, the threat extended to the one that she would be injected in such a manner that medical evidence would disclose that she had died of a heart attack. Analysis 9. This court has emphasised the value....
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....nting pre-arrest bail order including limiting the operation of the order in relation to a period of time if the circumstances so warrant, more particularly the stage at which the "anticipatory bail" application is moved, namely, whether the same is at the stage before the FIR is filed or at the stage when the FIR is filed and the investigation is in progress or at the stage when the investigation is complete and the charge-sheet is filed. However, as observed hereinabove, the normal rule should be not to limit the order in relation to a period of time." The concurring view expressed (by the author of this judgment) was: "85.3. Section 438 CrPC does not compel or oblige courts to impose conditions limiting relief in terms of time, or upon filing of FIR, or recording of statement of any witness, by the police, during investigation or inquiry, etc. While weighing and considering an application (for grant of anticipatory bail) the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence (including intimidating witnesses), likelihood of fleeing justice (such as leaving the coun....
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....further any meaningful investigation into offences) led to the enactment of Section 438. Despite several Law Commission Reports and recommendations of several committees and commissions, arbitrary and groundless arrests continue as a pervasive phenomenon. Parliament has not thought it appropriate to curtail the power or discretion of the courts, in granting pre-arrest or anticipatory bail, especially regarding the duration, or till charge-sheet is filed, or in serious crimes. Therefore, it would not be in the larger interests of society if the Court, by judicial interpretation, limits the exercise of that power : the danger of such an exercise would be that in fractions, little by little, the discretion, advisedly kept wide, would shrink to a very narrow and unrecognisably tiny portion, thus frustrating the objective behind the provision, which has stood the test of time, these 46 years." 11. The decisions cited by counsel are useful and valuable guides with respect to the powers of the police, the discretion and the duties of the court in several kinds of cases, including those relating to the matrimonial offences such as 498A of IPC, and other cases. In Arnesh Kumar (supra), it....
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....mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. If arrest is made routine, it can cause incalculable harm to the reputation arid self-esteem of a person. If the investigating officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation we fail to appreciate why there should be a compulsion on the officer to arrest the accused." 12. In the present case, this Court is of the opinion that there are no startling features or elements that stand out or any exceptional fact disentitling the appellant to the grant of anticipatory bail. What is important is not that the matrimonial relationship soured almost before the couple could even settle down but whether allegations levelled against the appellant are true or part....
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....tically arrest when a case under Section 498-A IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41 CrPC; 11.2. All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b)(ii); 11.3. The police officer- shall forward the check list duly filled and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention; 11.4. The Magistrate while authorizing detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorize detention; 11.5. The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing; 11.6. Notice of appearance in terms of Section 41-A CrPC be served on the accused within two weeks from the date of institution of the case, which may be e....