Madhya Pradesh High Court
Avadh Bihari vs The State Of Madhya Pradesh on 12 August, 2015
M.Cr.C.No. 6954/2015
12.08.2015
Shri Vivek Singh, learned counsel for the applicant.
Shri R.S.Parmar, learned P.L., for the respondent/State.
This is first bail application filed by the applicant under section 438 of the Cr.P.C., before this Court for grant of anticipatory bail.
Case diary is available.
The present applicant apprehends his arrest by the Police Station Balakwada, District Khargone in connection with Crime No.188/2015 for the offence punishable under sections 420, 467 and 468 of IPC.
According to the prosecution story the present applicant is a Principal in Government Higher Secondary School. On 11.03.2015 he was examination centre incharge of a Government Higher Secondary School Balakwada. In room no.4 the complainant appeared as a candidate and her roll number was 155437295. It is alleged that by making overwriting over the last digit of the roll number i.e figure of 5, the present accused alongwith other three accused persons who were Assistant Center Incharge and Invigilators respectively, a forgery was made and due to which the person who appeared as candidate with roll no.155437296 secured the marks which ought to have been secured by the complainant. On complaint being filed by the complainant, this crime was registered.
Arguments heard, perused the case diary.
Learned counsel for the State opposes the bail application. Learned counsel for the applicant submits that the present applicant is a Government servant and Principal of Higher Secondary School. He was only Centre incharge and was not an invigilator in room no.4 were complainant appeared as candidate. He also submits that even if it is assumed that he is responsible in the overwriting, there is no chance of his absconding and he will face the consequences. The case is based on documentary evidence. The custodial interrogation is not necessary.
Taking into consideration the fact that the applicant is a Principal in Higher Secondary School, without commenting on the merits of the case, I find that it is fit case where the benefit of provision under section 438 of Cr.P.C. may be extended to the present applicant. Accordingly, the application is allowed.
It is directed that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond of Rs.75,000/- (Rs. Seventy Five Thousand only) and a solvent surety of the like amount to the satisfaction of the concerning Magistrate or Arresting Officer as the case may be, with the following conditions:-
(i) that he shall make himself available for interrogation by a police officer as and when required.
(ii) that he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
(iii) that he would comply with the conditions enumerated under section 437(3) Cr.P.C. meticulously.
Certified copy as per rules.
( ALOK VERMA) JUDGE RJ/