Research › Search › Judgment

Madhya Pradesh High Court · body

2014 DIGILAW 1509 (MP)

Rajendra Arya v. State of M. P.

2014-11-21

S.K.GANGELE, S.K.PALO

body2014
JUDGMENT : 1. Heard. 2. This is the third application under Section 439 of Cr.P.C. filed on behalf of applicant - Dr.Rajendra Arya, for grant of bail. First application was dismissed vide order dt.8.9.2014, second application was dismissed as withdrawn vide order dt.24.9.2014 with liberty to the applicant to repeat the bail application after three weeks. 3. The allegation against the applicant is that he had acted as middle man to secure admission of students in MBS examination. The applicant was posted as Professor at Medical College, Gwalior. He was arrested on 10.5.2014. 4. In accordance with the affidavit filed by the prosecution, the allegation against the applicant is that he acted as middle man to secure admission of Vishwanath Gurjar in 2008, Atul Raj Khatik in 2008 and Jitendra Shakya in 2007 and Dashrath Jatav in 2008. 5. The charge sheet has been filed. Investigation is complete. The applicant is in jail since 10.5.2014. 6. This Court granted bail to another co accused - Dr.Hitendra Singh Yadav on the basis of the order passed by the main seat in Sanjeev Saxena Vs. State of Madhya Pradesh [2014 Cr.L.R.(M)560] on 1.8.2014. The order passed by this court in the case of Dr.Hitendra Singh Yadav Vs. State of M.P. - M.Cr.C.No.4915/2014 reads as under :- They are heard. This is first application under Section 439 of CrPC filed on behalf of applicant- Dr. Hitendra Singh Yadav, for grant of bail. The applicant has been arrested in connection with Crime No.449/2013, registered at Police Station Jhansi Road, District Gwalior for commission of offences punishable under Sections 419, 420, 467, 468, 471, 201, 120B of IPC and Section 3/4 of MP Recognized Examination Act. The allegation against the present applicant is that he had acted as middleman in securing admission of three students in MBBS Course and he received amount from the students in getting the admission. It is submitted by learned counsel for the applicant that the applicant is in custody since 20th May, 2014 and all the beneficiaries have been enlarged on bail. It is further submitted that the Principal Seat at Jabalpur in Sanjeev Saxena Vs. State of Madhya Pradesh [2014 Cr.L.R(MP)560] has granted bail to the middleman. Copy of the order dated 1st August, 2014 passed by the Court, has been produced by learned counsel for the applicant. We have perused the order. It is further submitted that the Principal Seat at Jabalpur in Sanjeev Saxena Vs. State of Madhya Pradesh [2014 Cr.L.R(MP)560] has granted bail to the middleman. Copy of the order dated 1st August, 2014 passed by the Court, has been produced by learned counsel for the applicant. We have perused the order. The Main Seat in Sanjeev Saxena (supra) has passed the following order:- Heard Counsel for the parties. 2. The applicant has been named as accused in connection with Crime No.18/2013 registered with Police Station- S. T. F., District Bhopal- commonly known as VYAPAM scam cases. 3. The role ascribed to the applicant is that he acted as middleman between three candidates and in association with the main conspirators namely, Nitin Mohindra and Sudhir Sharma indulged in commission of unfair means during the Police Constable Recruitment Examination, 2012. 4. It is, however, not in dispute that the investigation of Crime No. 18/2013 qua the applicant has been completed. His further presence is not required by the Investigating Officer as of now. 5. No doubt, the applicant has been named as accused in three other offences and is shown to be in custody in other two offences so far, however, grant of bail in this matter would not ensure to the applicant in those cases which will have to be considered on its own merits. 6. We agree with the argument of the applicant that the applicant is entitled for parity with the case of Akhilesh Singh Chaturvedi. 7. It has also come on record that the principal accused persons, namely, Nitin Mohindra and Sudhir Sharma, associated with the applicant have been arrested; and three beneficiaries, namely, Durgesh Singh Purbiya, Brajesh Sahu and Bharat Singh Thakur have been enlarged on bail. 8. 7. It has also come on record that the principal accused persons, namely, Nitin Mohindra and Sudhir Sharma, associated with the applicant have been arrested; and three beneficiaries, namely, Durgesh Singh Purbiya, Brajesh Sahu and Bharat Singh Thakur have been enlarged on bail. 8. Since the presence of the applicant is no more required by the Investigating Officer as of now as is stated by the Investigating Officer through counsel for the State, coupled with the fact that the applicant through Counsel has assured that he will extend full cooperation during further investigation in the said case as and when required; and that he will also appear before the Court punctuality during the trial, in the interest of justice, the applicant is ordered to be released on bail in connection with Crime No.18/2013 on following strict conditions considering the fact that he is also involved in other three offences of same crime: (1) The applicant shall furnish personal bond in the sum of Rs.15,00,000/- (Rupees Fifteen Lacs) with two solvent local sureties in the like amount to the satisfaction of the Trial Court for his regular appearance during the trial in connection with Crime No.18/2013 in Police Station S. T. F. Bhopal; (2)The applicant shall also comply with the conditions enumerated under Section 437(3) of Cr.P. C. meticulously; and (3) Additionally, the applicant will report to the Police Station Kamla Nagar, District Bhopal (M.P.) once a week on every Sunday between 10.00 A. M. to 12.00 noon unless required to attend the office of the Investigating Officer at Bhopal on that day. The bail application stands disposed of accordingly. In the aforesaid quoted case, the person was acted as middleman. The allegation against the person was that he had secured admission of three students. In the present case, the applicant is in jail for more than five months. The beneficiaries have also been enlarged on bail. Charge-sheet has been filed. The allegation against the present applicant is that he had secured admission of three students. Now, the presence of the applicant is not required in investigation because charge-sheet has been filed. Looking to the nature of the case, the period of custody of the applicant which is near about six months and the order passed by the Main Seat quoted above, the application is hereby allowed. Now, the presence of the applicant is not required in investigation because charge-sheet has been filed. Looking to the nature of the case, the period of custody of the applicant which is near about six months and the order passed by the Main Seat quoted above, the application is hereby allowed. It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety in the like amount to the satisfaction of CJM, Gwalior, for his regular appearance before the trial Court concerned during the trial and shall also comply with the conditions enumerated under Section 437(3) of Cr.P.C. M. Cr. C. stands disposed of accordingly. Certified copy. 7. Hence, looking to the facts of the case and the parity, the application is hereby allowed. It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lac) with two solvent sureties in the like amount to the satisfaction of the trial court for his regular appearance before the trial Court concerned during the trial and shall also comply with the conditions enumerated under Section 437(3) of Cr.P.C. 8. M. Cr. C. stands disposed of accordingly. 9. Certified copy.