Madhya Pradesh High Court
Sanjay Mourya vs The State Of Madhya Pradesh on 15 December, 2014
1 M. Cr. C. No. 10681/2014
[Sanjay Maurya Vs. State of MP]
15/12/2014
Shri SK Gupta, Advocate for applicant. Shri Raghvendra Dixit, Public Prosecutor for non- applicant/ State.
They are heard.
This is second application under Section 439 of CrPC filed on behalf of applicant for grant of bail, who has been arrested in connection with Crime No.138/2013, registered at police station Jhansi Road, Gwalior for commission of offences punishable under Sections 419, 420, 467, 468, 471, 120-B, 109 of IPC and Section 3/4 of MP Recognized Examination Act. Earlier application of the applicant [M.Cr.C. No. 4206/2013] was allowed by this Court vide order dated 10-06-2013 for commission of offence under Section 419, 420 of IPC and Section 3 / 4 of MP Recognized Examination Act. Subsequently, Sections 467, 468, 471, 109 and 120-B of IPC were added and the applicant was taken into custody on 18-10-2014. Since then, the applicant is in custody.
The applicant is a student. Allegation against the present applicant is that he had got admission in MBBS Course by illegal means and somebody else appeared in PMT Examination conducted in the year 2009 on behalf of the present applicant.
It is submitted on behalf of applicant that applicant is 2 M. Cr. C. No. 10681/2014 in custody since 18-10-2014 Investigation is complete. Charge-sheet has already been filed. Trial will take some time. Hence, prayed for grant of bail.
Learned Public Prosecutor opposed the application and prayed for its rejection.
Looking to the facts and circumstances of the case, but without expressing any opinion on the merits of the case and also considering the fact that the applicant is a student and is in custody since 18-10-2014, investigation is complete, charge-sheet has already been filed and trial will take some time, application is allowed. It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lac) with one solvent surety in the like amount to the satisfaction of Court concerned, for his regular appearance before the trial Court concerned during the trial and shall also comply with the conditions enumerated under Section 437(3) of Cr.P.C.
M. Cr. C. stands disposed of accordingly. Certified copy.
(S.K.Gangele) (Sheel Nagu)
Judge Judge
MKB