Madhya Pradesh High Court
Pradeep Tyagi vs The State Of Madhya Pradesh on 21 June, 2019
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THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.11239/2019
(Pradeep Tyagi Vs. State of M.P. & another)
Gwalior, Dated:-21.06.2019
Mr. Abhishek Parashar, learned counsel for the applicant.
Mr. F.A. Shah, learned Public Prosecutor for the respondent
No.1/State.
Mr. Vivek Khedkar, learned counsel for the respondent No.2/CBI.
This is third application under Section 439 Code of Criminal Procedure, 1973 for grant of bail.
That earlier by order dated 26.11.2018, M.Cr.C.No.28231/2018 was dismissed.
The applicant is in jail in respect of Crime No.282/2014 registered at Police Station Dehat Bhind, District Bhind (M.P.) for offences punishable under Sections 420, 120B, 419, 471, 468 IPC read with Section 3/4 of the Madhya Pradesh Recognized Examination Act, 1937.
The allegations are that the then Constable No.928 Shri. Raj Kumar Tyagi (A-1), who was recruited as Police Constable through the Police Constable Recruitment Test (PCRT), 2012, had passed the exam by arranging a solver to appear in his place in the written examination of PCRT 2012 held at examination centre Pt. Nehru Higher Secondary School, Banmore, Morena, on 30.09.2012. The 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.11239/2019 (Pradeep Tyagi Vs. State of M.P. & another) local FIR bearing No.282/2014 of PS Bhind was registered by MP Police on the basis of complaint filed by the then TI, PS Dehat, Bhind, Shri CBS Raghuwanshi to the effect that Raj Kumar Tyagi S/o Sri Nivas Tyagi and 4 other Police Constables were called by the then City SP Sh. Virendra Singh Tomar for matching of handwriting & fingerprints of these candidates with their handwriting/fingerprints available on their examination records such as OMR Sheet (Answer Sheet), RASA of Police Constable Recruitment Test 2012 conducted by Vyapam. But, Raj Kumar Tyagi who was posted as Police Constable at PS Dehat, Bhind had not appeared before CSP and absconded without informing anyone. Raj Kumar Tyagi later surrendered and disclosed the name of Pradeep Tyagi who had helped him in passing the PCRT-2012 examination by impersonation.
Investigation in this case was carried out by local police and a charge-sheet was filed against Shri Raj Kumar Tyagi (A-1) and Shri Pradeep Tyagi (A-2) U/s 419, 420, 120-B, 471 & 468 IPC on 13.03.2015 vide Challan No.43/15 in the Court of Judicial Magistrate First Class, Bhind.
In 2015, during the course of hearing on Writ Petition (Civil) No.372/2015 along with various petitions, the Hon'ble Supreme Court vide its order dated 09.07.2018 passed in WP (Civil) No.417/2015, 3 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.11239/2019 (Pradeep Tyagi Vs. State of M.P. & another) titled 'Digvijay Singh Vs. State of MP and others', transferred the investigation of criminal cases related to VYAPAM scam and also the cases of deaths allegedly linked with VYAPAM scam, to the CBI for investigation. Accordingly FIR vide RC 217 2015(S)0075/CBI/ACU- IV/AC-II was registered on 10.08.2015 and taken up for investigation by CBI.
Initially by order dated 22.09.2015 passed in M.Cr.C. No.2263/2015, the applicant was admitted to bail on certain conditions with further direction that the applicant's single non- appearance shall cancel his bail automatically by the trial court without any further order from this Court. The applicant, however, misused the liberty and absconded. That a warrant of arrest was issued on 09.06.2016 which, after much efforts, could be executed on 19.07.2017 when the applicant was rearrested.
It is further borne out from the record that on 19.07.2017 when the applicant was rearrested near SAM College, Bhopal he was there with as impersonator to make him appear in place of various candidates in written examination of Jail Prahari Recruitment Test, conducted by Vyapam. This fact is evident from the Communication by CBI to local police (Police Station Bilkhiriya, Bhopal) which registered a fresh FIR No.162/2017 against applicant and others and is 4 THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.11239/2019 (Pradeep Tyagi Vs. State of M.P. & another) committed for trial. Though in a supplementary chargesheet filed on 10.03.2018 no action is recommended by the CBI. However, that is only in respect of subsequent act. And does not dilute the offence which is subject matter of FIR No.282/2014 and other cases as under :
SI. Case Number Role of Pradeep Present status No. Tyagi i FIR No.193/2014 Conspirator in Ld. Court of 9th (CC No.200/2015) of selection of ASJ, Jabalpur PS Gopalganj, Sagar, candidate in Jail convicted Pradeep MP Prahri Exam-2014 Tyagi on 22.10.2018.
ii FIR No.194/2014 Conspirator in Ld. Court of 9th (CC No.201/2015) of selection of ASJ, Jabalpur PS Gopalganj, Sagar, candidate in Jail convicted Pradeep MP Prahri Exam-2014 Tyagi on 28.09.2018.
iii Crime No.248/2014 Middleman in Ld. Court of ASJ,
of PS Cant, Sagar selection of Sagar acquitted
candidate in Jail Pradeep Tyagi vide
Prahri exam by his judgment dated
illegal means 17.03.2016.
iv. CBI Case No.RC- Middleman in CBI filed charge
57/2015 selection of sheet against
candidate in Jail Pradeep Tyagi and
Prahri Exam-2012 others on
by illegal means 22.09.2017 in the
Ld. 8th ASJ, Bhopal.
v CBI Case No.RC- Middleman in CBI charge-sheeted
150/2015 selection of Pradeep Tyagi on
candidate in PCRT- 28.04.2017 in the
2013 by illegal Ld. Court of 9th
means ASJ, Bhopal.
vi. CBI Case No.RC- Beneficiary Presently under
27/2015 candidate. He had investigation.
qualified in PMT-
2012 with the help
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THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.11239/2019
(Pradeep Tyagi Vs. State of M.P. & another) of impersonator.
ix FIR No.162/2017 of Middlemen in Local police charge-
PS Bilkhiriya, selection of sheeted accused Bhopal. (not taken candidate in Jail Pradeep Tyagi and over by CBI) Prahri Exam-2017. others in the Court of Ld. ADJ, Bhopal.
The applicant thus appears to a habitual offender. In view whereof, applicant fails and is dismissed.
(Sanjay Yadav) (Vivek Agarwal)
Judge Judge
bj/-
BARKHA
JHA
2019.06.2
4 10:19:05
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