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Madhya Pradesh High Court · body

2016 DIGILAW 23 (MP)

Devraj Singh v. State of M. P.

2016-01-06

SUSHIL KUMAR GUPTA, U.C.MAHESHWARI

body2016
ORDER 1. On behalf of the applicant, this second repeat bail application is preferred under section 439 of CrPC for grant of bail to the applicant as he is under custody since 10.4.2015, in connection with Crime No.138/2013, so also in connection of Crime No.449/2013 and both the crimes were registered at Police Station Jhansi Road, Gwalior for the offences under sections 420, 419, 467, 468, 471, 201 and 120B of IPC and section 3/4 of M.P. Recognized Examinations Act. 2. It is noted that his earlier bail application filed in this regard was dismissed as withdrawn and not pressed vide order dated 6.7.2015 passed in Miscellaneous Criminal Case No.4187/2015 by extending the liberty to revive the prayer after 15th July, 2015, pursuant to such liberty second repeat petition is preferred. 3. Applicant's counsel after taking us through the record and charge sheet placed on record along with the rejection order of Special Court argued that on taking into consideration the entire evidence collected and submitted along with the charge-sheet as accepted in its entirety even then the ingredients of alleged offences are not made out against the applicant. In continuation, he said that the applicant has already suffered nearabout 9 months in the judicial custody and trial of the case will take time for its conclusion which may be months together or years together. Till date, the material prosecution witnesses have not been examined by the trial Court and supplementary investigation of the crime is being carried out by the CBI. He further stated that all the connected co-accused in the case of the applicant have been arrested and in that respect chain has become complete and prayed for extending the benefit of the bail by allowing this application. 4. He further stated that all the connected co-accused in the case of the applicant have been arrested and in that respect chain has become complete and prayed for extending the benefit of the bail by allowing this application. 4. The aforesaid prayer is opposed by the CBI counsel with the assistance of the case diary as well as copy of the charge sheet saying that looking to the nature of the offence and the manner in which applicant has committed for which sufficient evidence is available against him along with the charge-sheet according to which he had played a role of middleman by managing a solver at the place of Sanjay Morya in the alleged Competitive Examination of PMT held by the VYAPAM and in another Crime No.449/2013 he played a role of a solver for some other named student Jawar Singh to secure his admission in the alleged medical course for which sufficient evidence is available against the applicant and in respect of that case, supplementary investigation of the case is being carried out, hence, prayed for dismissal of the petition. 5. Having heard the counsel, keeping in view the arguments advanced, after perusing the rejection order of the Special Court as well as copy of the charge-sheet and from the brief of the applicant's counsel, taking into consideration the nature of evidence submitted along with the charge sheet and circumstances that the applicant is involved in the impugned case as a middleman while in another only one case he has played the role of a solver and he has already suffered nearabout 9 months in the judicial custody as stated above and all connected co-accused of the impugned crime relating to the present applicant have been arrested and in that chain no accused is yet to be arrested, without expressing any opinion on the merits of the matter, subject to following terms and conditions, the applicant is extended benefit of bail. 6. Accordingly, this application is allowed. Consequently, subject to following terms and conditions the applicant is directed to be released on bail :- 1. The applicant shall abide all the terms and conditions enumerated under section 437(3) of CrPC. 2. 6. Accordingly, this application is allowed. Consequently, subject to following terms and conditions the applicant is directed to be released on 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 without permission of this Court or trial Court. 7. 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 shall 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.