Held that the allegations made in the FIR are vague that the procedure contained in S. 41 CrPC as adumbrated by the judgment in Arnesh Kumar v. State of Bihar, has not been followed before arresting the petitioner.
Same taken as a factor for directing the release of the petitioner, a stand-up comedian, on ad interim bail by staying impugned judgment of High Court by which it declined bail to the petitioner involved in offenses under Ss. 295-A, 298, 269, and 188/34 IPC, wherein complainant had alleged that jokes made by petitioner had outraged religious sentiments of the complainant and those similarly situated.
(2021) 3 SCC 712 – Munawar v. State of M.P.