Madhya Pradesh High Court
Vishnu Kumar @ Bhola vs The State Of Madhya Pradesh Thr on 10 January, 2018
1
M.Cr.C. No. 18279/2017
(Vishnu Kumar @ Bhola Vs. State of M.P. & Anr.)
Gwalior, Dated : 10.01.2018
Shri Brijesh Sharma, learned counsel for the
applicant.
Shri Vivek Khedkar, learned Assistant Solicitor
General for respondent No.2.
This is first application under Section 438 Code of Criminal Procedure, 1973 for grant of anticipatory bail.
The Applicant apprehends arrest in connection with Crime No. 590/2012 registered by Police Station Janakganj, Gwalior for the offences punishable under Sections 419, 420, 467/511, 568, 471/511, 120-B IPC, Section 3 (d)/4 Madhya Pradesh Examination Act.
The crime registered vide Crime No. 590/2012 as is evident from the FIR relates to cheating by personation in Police Constable Recruitment Examination 2012, as reported by the complainant Shri Suresh Chandra Tripathi, the then Centre Superintendent and Principal of Laxmi Bai Smarak Higher Secondary School, Gwalior that in place of one Gaurav Singh, another person was appearing and when he was taken to the principal's room, he (the person who was found appearing in the examination in place of Gaurav Singh) under the ruse to attend nature's call ran away from the spot. In the investigation, it was revealed that Gaurav Singh with the help of Lalitesh and the present Applicant, Yogesh Kumar was made to appear for Gaurav Singh. The thumb impression of Yogesh Kumar on the OMR sheet got matched. It was also revealed in the investigation that 2 entire plan was hatched in a Room hired in Hotel Park View, Gwalior. The role ascribed to present applicant is that of a middleman.
It is contended on behalf of the Applicant that he has been falsely implicated in the case and during entire investigation he co-operated with the Central Bureau of Investigation and that co-accused are already released on bail. It is accordingly urged that since the CBI has filed the charge-sheet and no custodial investigation is warranted, the Applicant is also ready to abide by all the terms and conditions which may be imposed, he granted the anticipatory bail.
Respondent CBI on their turn has opposed the application. While not disputing that the charge sheet has been filed and that co-accused, i.e. the solver, beneficiary and a middleman have been released on bail. It is, however, submitted that all the co-accused had been arrested and enlarged on bail under Section 439 of Cr.P.C. It is also contended that a non-bailable warrant has been issued by the trial Court to be executed through the CBI to ensure the presence of present applicant in the trial. It is further contended that after rejection of application under Section 438 Cr.P.C by the trial Court on 22.08.2017, nine attempts have been made by the CBI to arrest the applicant, however, he has evaded the arrest. It is urged that there is likelihood that if the applicant is extended the privilege of anticipatory bail he will not co- operate in early decision of the criminal case.
There is no denial of the contentions raised on behalf of the respondent as to issuance of non-bailable 3 warrant by the trial Court to ensure applicant's presence. The fact that the applicant did not present himself before the Court, though, informed about the filing of charge- sheet is evident from the order passed by the trial court on 22.08.2017, ("blds vfrfjDr vkosnd vfHk;ksx i=k dh jpuk mijkar Hkh vuqifLFkr jgk gS ").
These facts distinguish the case of the applicant from the co-accused who were taken in custody and released on bail.
As there is likelihood of the applicant not cooperating in the trial, we are not inclined to extend the benefit of anticipatory bail to the Applicant.
Consequently, application fails and is dismissed.
(Sanjay Yadav) (Ashok Kumar Joshi)
Judge Judge
Aman
AMAN
Digitally signed by AMAN TIWARI
DN: c=IN, o=HIGH COURT OF M.P. BENCH
GWALIOR, ou=HIGH COURT OF M.P.
BENCH GWALIOR, postalCode=474011,
st=Madhya Pradesh,
2.5.4.20=bea052f71cef72afe5e39f2eae9a3 TIWARI 7de51b4fa661b7b0f9cbd3dd2d32bb64d6 1, serialNumber=76d6dd39e2b40d9e41e9e 20154e9d48fbd82166360142e9f5187ba2 7e1343d0e, cn=AMAN TIWARI Date: 2018.01.15 17:34:28 +05'30'