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Madhya Pradesh High Court · body

2015 DIGILAW 1061 (MP)

Atul Gupta v. Director CBI (Vyapam Cell)

2015-10-06

SUSHIL KUMAR GUPTA, U.C.MAHESHWARI

body2015
ORDER 1. On behalf of the applicant, this second bail application is preferred under section 439 of the Criminal Procedure Code,1973 for grant of bail to the applicant as he is under custody since 19.2.2015 in connection with Crime No.449/2013 registered at Police Station, Jhansi Road, Gwalior, for the offences under sections 419, 420, 468, 471, 109, 120B of IPC and sections 3/4 of the M.P. Recognized Examinations Act. It is noted that his earlier application filed in this regard under the same provision was dismissed as withdrawn vide order dated 6.7.2015 in Miscellaneous Criminal Case No.3289/2015 by extending a liberty to revive the prayer after fifteen days. 2. Applicant’s counsel after taking us through the rejection order of the Sessions Court, by referring the copy of the charge-sheet filed against the applicant from his brief, argued that on taking into consideration the entire evidence collected and submitted with the charge-sheet as accepted in its entirety, even then the ingredients of the alleged offence are not made against the applicant. In continuation, he said that applicant has already suffered near about eight months in judicial custody. Meanwhile, the alleged student Ashish Kumar and his father, who had provided the huge sum to the applicant to secure the admission in the medical course in illegal manner, namely Rambabu Prajapati, have been released on bail by this Court vide order dated 16.9.2015 and 12.5.2015 in Miscellaneous Criminal Cases No.2899/2015 and 3096/2015 respectively. He also referred the copy of such orders. The same are taken on record. In such premises, he said that all the co-accused relating to the impugned chain have been arrested and out of them, aforementioned Ashish Kumar and Rambabu Prajapati have been released on bail and trial of the case will take its own time, that may be years together and months together and prayed for extending the benefit of bail by allowing this petition. 3. The aforesaid prayer is opposed by the CBI counsel with the assistance of the case diary, saying that looking to the nature of the offence and the manner in which the applicant as solver has assisted other co-accused to secure the admission of the aforesaid student in the medical course in illegal manner, for which sufficient evidence is available in the charge-sheet, the applicant does not deserve for bail. However, he fairly conceded that all the accused relating to the impugned chain have been arrested and none is yet to be arrested in this chain and prayed for dismissal of this petition. 4. Having heard the counsel, keeping in view the arguments advanced, after perusing the case diary alongwith the charge-sheet, taking into consideration the nature of the evidence collected by the Investigating Agency against the applicant along with the circumstance that all the co-accused connected with the transaction of the impugned admission have been arrested and out of them Ashish Kumar and Rambabu Prajapati have already been released on bail and trial of the case will take its own time, that may be years together and months together, so till adjudication of the trial, the applicant cannot be kept in custody for a longer period as he has already suffered near about eight months in judicial custody, without expressing any opinion on the merits of the matter, the petition is allowed and subject to following terms and conditions, the applicant is extended the benefit of bail : 1. The applicant shall abide all the terms and conditions enumerated under section 437(3) of CrPC. 2. While remaining on bail, applicant shall report before the Investigating Officer of the impugned Crime at Irrigation Guest House, Chambal Colony, Thatipur, Gwalior between 10:00 to 12:00 a.m. on first Sunday in the beginning of every month and besides this whenever his presence would be required to hold further investigation in the matter he will remain present to assist him to carry out the further investigation. 3. Applicant is directed that if he is having the passport then he will deposit the same before the trial Court at the time of furnishing the bail bond with a further direction that he will not leave the territory of Madhya Pradesh and Uttar Pradesh without permission of this Court or trial Court. 5. It is further directed that on furnishing a personal bond of Rs.1,00,000/- (Rupees One lac only) along with one surety of the like amount to the satisfaction of the trial Court with respect of aforesaid imposed conditions, the applicant shall be released on bail with a direction that he will remain present on each and every date of the trial before the trial Court. His single non-appearance before such Court shall sufficient circumstance to cancel his bail without further direction of this Court.