Madhya Pradesh High Court
Rajesh Kumar Meena vs The State Of Madhya Pradesh on 15 October, 2014
M.Cr.C. No. 15290/2014
15/10/2014
Shri Nishant Jain, Advocate for the applicant.
Shri Vijay Pandey, Additional Advocate General for
the respondent/State.
Heard finally.
This is the first application filed by applicant under Section 439 of the Cr.P.C for grant of bail.
Applicant has been arrested on 14/09/2014 in connection with Crime No. 13/2014 registered at P.S. Special Task Force Bhopal, District Bhopal for the offence punishable under sections 420, 120-B of IPC, section 3 (gha) (1-2) read with section 4 of the Madhya Pradesh Manyata Prapt Pariksha Adhiniyam, 1937.
As per prosecution it is alleged against this applicant that he entered into conspiracy with main accused namely Surendra Patel and Sukhsagar Dwivedi who got copy of question papers from moderator and thereafter, this applicant accompanied the co-accused persons where they copied aforesaid papers and then appeared into the examination.
Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He is student of BAMS and already completed three years of course. Similarly placed co-accused Sunil Dutt Pathak and Radhasharan Sharma have already been enlarged on bail by this Court vide order dated 30/07/2014 passed in M.Cr.C. No. 10443/2014 and case of this applicant is just similar to them. Charge sheet has already been filed and trial would take considerable time to be disposed of finally therefore, he prays for grant of bail to the applicant.
Learned counsel for the State opposes the application.
On due consideration of the facts and contention raised on behalf of the parties alongwith the fact that applicant has already completed three years course of BAMS, I am of the considered view that it is a fit case to release him on bail. Therefore, without commenting on the merits of the case, this application is allowed and it is directed that applicant shall be released on bail on his furnishing a personal bond in a sum of Rs. 35,000/- (Rupees Thirty Five Thousand only) with one surety in the like amount to the satisfaction of committal Court/ trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
Certified copy as per rules.
(G.S. Solanki) Judge