Rajesh Singh Chauhan, J.

1. Heard learned counsel for the applicant and learned AGA.

2. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime No.138 of 2022, under Sections 147, 323, 354, 504 & 506 IPC, Police StationKakadev, District- Kanpur Nagar.

3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged in the prosecution story so narrated in the FIR. Learned counsel has given undertaking on behalf of the applicant that the applicant shall cooperate with the investigation.

4. In the present case, the FIR has been lodged in such sections where the punishment prescribed is upto seven years.

5. In view of the dictum of Hon'ble Apex Court in re: Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273 [LQ/SC/2014/671] and Satender Kumar Antil vs. CBI and others, Special Leave to Appeal (Criminal) No.5191 of 2021, in the cases where the punishment prescribed is upto seven years, usually no arrest should be made unless the accused person does not co-operate with the investigation.

6. So as to entertain the application for anticipatory bail, strong apprehension of arrest should be there in a issue where the allegations so levelled do not, prima facie, corroborate with the material available on record.

7. If the sections under which the FIR has been lodged are having punishment upto seven years, it is needless to say that the Investigating Agency/ Officer should follow the dictum of Hon'ble Apex Court in re: Arnesh Kumar (supra) and Satender Kumar Antil (supra) as well as the provisions of Section 41 & 41-A Cr.P.C. If the accused applicant co-operates with the investigation in view of the notice issued under Section 41-A Cr.P.C., the arrest in such cases is not required. Therefore, in view of the aforesaid settled proposition of law, I do not find any good ground to grant anticipatory bail to the present applicant.

8. Therefore, the instant anticipatory bail application is disposed of finally at the admission stage giving liberty to the present applicant to appear before the Investigating Agency/ Officer to co-operate with the investigation and if the present applicant properly co-operates with the investigation, the Investigating Agency/ Officer shall abide by the directions of the Hon'ble Apex Court issued in re: Arnesh Kumar (supra) and Satender Kumar Antil (supra) as the decision of Apex Court is law of land and no one can flout the same and the directions shall be abide by in its letter and spirit.