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2015 DIGILAW 271 (MP)

Amitabh Rawat v. State of M. P.

2015-03-05

A.M.KHANWILKAR, K.K.TRIVEDI

body2015
ORDER 1. Heard counsel for the parties. 2. The applicant has been named as accused in respect of offences punishable under sections 419, 420, 467, 468, 471 read with 34 of IPC in connection with Crime No.124/2014 registered at Police Station Jahangirabad, Bhopal – commonly known as “VYAPAM Examination Scam Cases”. 3. The applicant is in custody since 1.10.2014. It is not in dispute that final charge-sheet is filed in Crime No.124/2014. The role ascribed to the applicant by the prosecution, is that, he acted as middleman to facilitate the candidate appearing in VYAPAM Examination to commit unfair means during the examination. The candidate as well as the racketeer has already been arrested in connection with the said crime. The applicant is not involved in any other crime of similar type. 4. It is fairly stated by the counsel for State, on instructions, that the custodial interrogation of the applicant is no more necessary in the present crime. 5. The applicant through counsel undertakes to extend full co-operation to the Investigating Officer for further investigation, if any, in the present crime and for that matter even against the applicant. The applicant also undertakes to appear punctually before the trial Court to ensure early disposal of the criminal case. 6. Taking overall view of the matter, in the interest of justice, as the presence of the applicant is no more required for the investigation of the case and his custodial interrogation is not necessary as of now and more so, in view of the assurance given by the applicant through counsel to the Court as recorded above, the applicant is ordered to be released on bail on the following conditions : (1) The applicant (Amitabh Rawat) shall furnish personal bond in the sum of Rs.1,00,000/- (Rupees One lac) 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.124/2014 in Police Station Jahangirabad, Bhopal; (2) The applicant shall also comply with the conditions enumerated under section 437(3) of CrPC meticulously; and (3) Additionally, the applicant will report to the nearest police station where he would reside in Police Station Tahsil Jaura, District Morena (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. (4) The applicant will deposit his passport, if available, with the Investigating Agency, else file affidavit in this Court declaring that the applicant does not have any passport of any country. This compliance will be condition precedent for release on bail. The bail application stands disposed of accordingly. ...........