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Madhya Pradesh High Court · body

2014 DIGILAW 810 (MP)

Amit Yadav v. State of M. P.

2014-07-11

S.K.GANGELE, S.K.PALO

body2014
JUDGMENT 1. They are heard. 2. This is first application under section 438 Cr.P.C. for grant of anticipatory bail. 3. The applicant is apprehending his arrest in connection with Crime No. 449 of 2013, registered for the offences punishable under sections 419, 420, 468, 471, 201 and 120B IPC and Section 4 of the MP Manyata Prapt Pariksha Adhiniyam, at Police Station Jhansi Road, Gwalior. 4. The allegation against the applicant is that he secured admission in MBBS Course by illegal means. It was somebody else who appeared in the applicant on behalf of the applicant. Allegation against the applicant is also that he had taken Rs. 3,50 lacs from another person Arun Jatav to secure his admission. 5. It is argued by learned counsel for the applicant that earlier the applicant was granted anticipatory bail, however, subsequently, more offences have been added and other persons have been granted anticipatory bail. It is further stated that the applicant is ailing and is getting treatment at AIIMS and other hospitals. 6. The allegations against the applicant are serious in nature. The applicant secured admission in MBBS Course by wrong means. Some other person appeared in the competitive examination in place of the applicant. The allegation is also that the applicant had received an amount of Rs. 3,50 lacs from another person to get him admitted in MBBS course. There are serious allegations against the applicant. The case is not a simpliciter one. It is a part of large scam. Medical profession is not an ordinary profession. The standard of medical education has core relation with the well being of society and health of citizens. There is no dispute that male or female both are the best creatures in the universe. It is pious duty of the State and society that best talents be made available in medical profession, that is why a competition has been introduced for the purpose of admission in medical colleges. If incompetent persons, rather persons who have no caliber be permitted to be admitted in the medical colleges, then the whole medical educational system would be affected and people would loose faith in medical profession, rather the life of the citizens would be in danger. 7. If incompetent persons, rather persons who have no caliber be permitted to be admitted in the medical colleges, then the whole medical educational system would be affected and people would loose faith in medical profession, rather the life of the citizens would be in danger. 7. Because a large scale scam has been discovered in the State of Madhya Pradesh in regard to admission of ineligible candidates in the medical institutions with the connivance of the officers of examination body-VYPAM and middleman and gravity of the offence, in our pinion, looking to the nature of the case and seriousness of the allegations, in our opinion, the custodial interrogation of the applicant is necessary. Hence, the applicant is not entitled to get the benefit of Section 438 of Cr.P.C. 8. The application is, therefore, rejected. 9. However, the applicant is at liberty to surrender before Police Authorities and apply for regular bail.