Shireesh Kumar vs Bharat Sarkar on 8 March, 2021

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Madhya Pradesh High Court

Shireesh Kumar vs Bharat Sarkar on 8 March, 2021

This is an application seeking bail under section 439 of the Code of Criminal Procedure, 1973 in Case No.BA/566/2020 (Crime No.728/2009 & CBI Crime No. RC2172015S0014/15) registered for offence under sections 419, 420, 467, 468 and 471, of the Indian Penal Code impugning order- dated 12-01-2021 passed by the Court of Additional Sessions Judge/Special Judge (Vyapam Cases), CBI, Bhopal, whereby the application moved by the petitioner had been dismissed.

Learned counsel for the petitioner submits that identically placed co- accused persons namely Alok Gangwar, Ashish Uttam and Rahul Niranjan in Misc, Cr.Case No.45653/2020, Misc.Cr.Case No.10575/2020 and Misc.Cri.Case No.11455/2020 respectively have already been granted benefit of bail.

Learned counsel for the respondent-CBI does not dispute the aforesaid fact that the case of the present petitioner is identically placed to the aforesaid co-accused persons.

Learned counsel for the petitioner interalia submitted that the petitioner, who is alleged to be a middleman, arranged impersonators for appearing in the PMT examination 2009, is in custody since 11-01-2021. It is further contended that the CBI has completed the investigation in the case and charge-sheet has also been filed. According to the learned counsel, several middlemen, who are similarly situated as the petitioner, have already been granted the concession of bail either by the trial Court or by the High Court.

2 MCRC-4956-2021 It is the case of the petitioner that the petitioner is in custody since 11- 01-2021 and as the trial is likely to take long time, no useful purpose will be served by keeping the petitioner in custody.

O n the other hand, Mr. J.K. Jain, learned Assistant Solicitor General appearing for the CBI vehemently opposed the prayer made in the bail petition and urged that the petitioner is involved in a serious crime as he had acted as a middleman and provided impersonators and in such circumstances the concession of bail ought not to be granted to the petitioner. However, learned counsel for the respondent-CBI was unable to controvert that middleman in several other similarly situated cases have been released on bail.

After hearing counsel for the parties and keeping in view the totality of the facts and circumstances of the case and without expressing any opinion on the merits of the controversy, the petitioner is directed to be released on bail on the following conditions:

(1) Petitioner Shirish Kumar Rajput shall furnish personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakhs) with one solvent local surety or blood relative in the like amount to the satisfaction of the Trial Court for his regular appearance during the trial in the aforesaid case; (2) The petitioner shall also comply with the conditions enumerated under Section 437 (3) of Code of Criminal Procedure meticulously;

(3) The petitioner will deposit his passport, if available, with the Investigating Agency, else file affidavit in this Court declaring that the petitioner does not have any passport of any country. The applicant/petitioner shall not leave the Country without prior permission of the High Court. This compliance will be condition precedent for release on bail; and, (4) The Jail Authority is also directed to ensure that the petitioner is examined by the Jail Doctor for Covid-19 before his release. In case, the Jail Doctor is of the opinion that the petitioner can be released, all precautionary protocol prescribed from time to time by the Supreme Court, the Central Government and as well as the State Government during release, travel and residence of the petitioner during the period of bail be also strictly adhered to.

The bail application stands disposed of accordingly.

                                 3            MCRC-4956-2021




      (MOHAMMAD RAFIQ)              (VIJAY KUMAR SHUKLA)
       CHIEF JUSTICE                           JUDGE


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          HAR SAHAY PATERIYA
          Date: 2021.03.09
          12:59:30 +05'30'

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Madhya Pradesh High Court