Madhya Pradesh High Court
Pramod Kumar Gupt vs Union Of India on 9 June, 2020
Author: Sanjay Yadav
Bench: Sanjay Yadav
1
MCrC No.14332/2020
THE HIGH COURT OF MADHYA PRADESH
MCrC No.14332/2020
(Pramod Kumar Gupt vs Union of India through CBI)
Jabalpur, Dated : 09.06.2020.
Hearing through Video Conferencing.
Shri Amitabh Gupta, learned counsel for the applicant.
Shri J.K. Jain, learned Assistant Solicitor General for the
respondent/CBI.
This is a repeat application under Section 439 of CrPC for grant of bail.
The applicant is being prosecuted for offences punishable under Sections 417, 419, 420, 467, 468, 471, 120B of IPC and Section 3(D)(1)(2)(4) of the Madhya Pradesh Recognized Examinations Act, 1937 vide Crime No.217/2015 S 007 registered by the Central Bureau of Investigation, Bhopal.
Earlier, by order dated 16.10.2019 passed in MCrC No.37582/2019, the application for bail was rejected.
The role ascribed to the applicant is that of an impersonator having appeared in Pre-Medical Test Entrance Examination 2010 in place of one candidate Nagendra Singh.
The contention on behalf of the applicant is that the applicant is in custody since 29.08.2019 and that entire investigation is over 2 MCrC No.14332/2020 and custodial interrogation of the applicant is no more required. It is contended that co-accused Nagendra Singh for whom the applicant allegedly appeared in the PMT 2010 Examination has been enlarged on bail by the trial Court. It is further contended that after filing of the charge sheet, the trial has not commenced. It is urged that even the charges are yet to be framed. It is also contended that there is no likelihood of the trial being completed in near future. It is urged that in case if the applicant is released on bail, he will abide by all the terms and conditions stipulated by this Court.
The respondent/CBI has opposed the bail application. It is urged that the applicant in pursuance of criminal conspiracy with co-accused persons in the instant case who are more than 46 in number, appeared in PMT 2010 Examination in place of candidate Nagendra Singh. It is further contended that co-accused Nagendra Singh was arrested by local police and was charge-sheeted on 13.03.2015 on the basis of mismatch of his thumb impression with the questioned thumb impression available on OMR answer sheet of the said candidate. The said Nagendra Singh was identified as the present applicant i.e. Pramod Kumar Gupta by the CBI during investigation whose specimen thumb impressions were taken and sent to FPB, SCRB, Bhopal and the fingerprint expert confirmed 3 MCrC No.14332/2020 that the questioned thumb impression available on the OMR answer sheet of the accused candidate Nagendra Singh is identical with the specimen thumb impression of the impersonator i.e. present applicant. It is urged that since there are ample evidence on record, the applicant does not deserve to be released on bail. However, it is not disputed by learned counsel for the CBI that entire investigation is over and there is no need for custodial interrogation of the applicant. It is also submitted that the charge sheet has been filed; however, charges are yet to be framed.
Considered the rival submissions.
True it is that, earlier an application preferred by the applicant was dismissed on 16.10.2019. It is borne out from the said order that the applicant evaded his appearance before the Court of Special Judicial Magistrate, Vyapam Cases, Bhopal despite the service of notice on 17.05.2019 and a non-bailable warrant of arrest was issued. In pursuance thereto, the applicant surrendered before the Court on 29.08.2019 from where he was sent to judicial custody and taking into consideration the submissions on behalf of the CBI that there is every possibility of the applicant of not cooperating with the investigation, the bail was denied.
4MCrC No.14332/2020
However, the situation as is adverted supra has now changed. The CBI has filed the charge sheet and there is no need for custodial interrogation of the applicant.
Keeping in view these aforesaid facts and circumstances and the fact that the beneficiary i.e. Nagendra Singh has been granted bail, we grant bail to the applicant in Crime No.217/2015 S 007 registered at Police Station CBI, Bhopal on the following terms and conditions :
(1) That, the applicant shall execute bail bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with two sureties of near relative of the like amount to the satisfaction of the trial Court;
(2) That, the applicant shall not leave the State of Madhya Pradesh without prior permission of the trial Court;
(3) That, the applicant shall report to the trial Court every third Friday of each month at 11 AM; (4) That, the applicant shall not, in any way, attempt to tamper with the prosecution evidence or influence the prosecution witnesses; and 5 MCrC No.14332/2020 (5) The applicant shall surrender his passport, if any, with the trial Court.
We also make it clear that in case if the applicant commits breach of any of the aforesaid conditions, the bail order shall cease to exist and the bail bonds be forfeited and the applicant be taken into custody.
The application is disposed of accordingly.
(Sanjay Yadav) (Vijay Kumar Shukla)
JUDGE JUDGE
vinod
Digitally signed by
VINOD VISHWAKARMA
Date: 2020.06.10
13:45:05 +05'30'