Madhya Pradesh High Court
Neeraj Prasad Patel vs The State Of Madhya Pradesh on 24 September, 2015
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M.Cr.C. Nos.7269/2015, 14065/2015, 14121/2015,
15557/2015, 9608/2015
24.09.2015
M.Cr.C. No.14121/2015
Shri Jitendra Arya, Advocate for the applicant.
Shri J.K. Jain, Assistant Solicitor General for the CBI
assisted by Shri K.S. Wadhwa, Dy. Advocate General, Shri
Piyush Dharmadhikari, Government Advocate and Shri
Prakash Gupta, Panel Lawyer for the STF.
Delinked. This is fresh bail application. To be listed
before the Division Bench presided by Justice Shantanu
Kemkar, taking up Vyapam cases.
M.Cr.C. Nos.7269/2015 & 15557/2015
Shri G.S. Pandey, Advocate for the applicant in M.Cr.C.
No.7269/2015.
Shri Manish Kumar Tiwari, Advocate for the applicant in
M.Cr.C. No.15557/2015.
Shri J.K. Jain, Assistant Solicitor General for the CBI
assisted by Shri K.S. Wadhwa, Dy. Advocate General, Shri
Piyush Dharmadhikari, Government Advocate and Shri
Prakash Gupta, Panel Lawyer for the STF.
Heard counsel for the parties.
These applications have been filed by accused persons
who are in jail in connection with Crime No.539/2013 (now
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registered by CBI as RC2172015(A)0108) registered with
Police Station STF, Bhopal (M.P.) - commonly known as
VYAPAM Examination Scam cases - for the offences
punishable under Sections 419, 420, 467, 468, 471 and 120-B
of IPC; Section 65 and 66 of I.T. Act; and Section 3 (Gha) 1,
2/4 of M.P. Recognized Examination Act, 1937 against both
the applicants except the additional offence under Section 409
& 201 of IPC and Section 25/27 of the Arms Act against the
applicant Paritosh Awasthy in M.Cr.C.No.15557/2015.
The role ascribed to the applicants in these cases is that
of a Scorer, who appeared to facilitate the original candidate
appearing in the concerned examination to improve his/her
score/marks. These applicants have been arrested on
18.09.2014 and 01.07.2015 respectively. Charge-sheet has
already been filed against these applicants.
It is submitted that investigation against these applicants
is complete in all respects. However, this position has been
countered by the counsel for the CBI, who points out that so
far as applicant in M.Cr.C.No.15557/2015 Paritosh Awasthy is
concerned, the middleman, who was responsible to avail the
services of applicant as scorer is yet to be arrested. Further, the
said applicant is involved in more than one offence of the same
type and acted as Scorer on both the occasions in Crime
No.539/2013 as well as in Crime No.12/2013.
The counsel for the said applicant, however, submits that
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the applicant has been granted bail by another Bench of this
Court in Crime No.12/2013 vide order dated 10.09.2015 in
M.Cr.C. No.15558/2015. That order was produced before us.
Notably, neither the fact that the said applicant is
involved in more than one offence of the same type or that the
middleman with whom the applicant had links is yet to be
arrested, has been noted in the said order. Similarly, the fact
that CBI has no objection to grant bail to this applicant has also
not been noted in that order.
Considering the above, as regards M.Cr.C.No.
15557/2015 is concerned, the question of granting bail does
not arise as investigation is still incomplete and that CBI has
opposed releasing the applicant on bail in this offence on that
account.
The position, however, with regard to applicant in
M.Cr.C.No.7269/2015 Shadab Alam is somewhat different. He
is involved only in one offence. He was arrested on
18.09.2014. Charge-sheet has already been filed against him
on 17.11.2014. It is true that in this case middleman Alok
Singh in collusion with whom the applicant committed
offence, is yet to be arrested. However, the first bail
application preferred by this applicant was rejected on
21.01.2015, with a hope that the Investigating Agency would
be able to complete the investigation and file final charge-sheet
in respect of Crime No.539/2013 before 15.03.2015 as was the
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assurance given to the Supreme Court in S.L.P.(Civil) CC
No.16456/2014. However, thereafter until the investigation
was taken over by CBI in July 2015, final charge-sheet was not
filed by the then Investigating Agency (STF). The CBI, even
though has taken over investigation in July 2015, has not been
able to arrest the co-accused Alok Singh for last two months
nor any further report has been filed against the applicant
disclosing any new material collected against him.
Counsel for the CBI is not in a position to produce any
lead which has now become available to CBI, which may
require continued custody of the applicant in connection with
Crime No.539/2013. The applicant, in our opinion, is justified
in relying on the order dated 15.06.2015 in M.Cr.C.
No.7362/2015 and the reasons stated therein in respect of
another accused Arvind Kumar Patel, who has been named as
accused in same Crime No.539/2013 and role ascribed to him
is that of a Scorer as is the case against the applicant. This
applicant, who is in jail since 18.09.2014, therefore, deserves
to be released on bail, in view of the assurance given by him
through counsel that he shall extend full cooperation for the
further investigation of crime to the new Agency (CBI) and
also make himself available as and when directed by the
Investigating Officer and further cooperate in early disposal of
the criminal trial pending against him.
That assurance is taken on record and accepted. This
applicant, therefore, deserves to be granted bail for the reasons
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already recorded but on imposing strict conditions to be
adverted to little later.
ORDER
A) M.Cr.C. No.15557/2015 is rejected.
B) M.Cr.C. No.7269/2015 is allowed on the following conditions:-
(1) The applicant Shadab Alam shall furnish personal bond in the sum of Rs.2,00,000/-
(Rupees Two Lac) with two solvent local sureties or blood relations in the like amount to the satisfaction of the Trial Court for his regular appearance during the trial in connection with Crime No.539/2013 (now registered by CBI as RC2172015(A)0108) in Police Station S.T.F. Bhopal;
(2) The applicant shall also comply with the conditions enumerated under Section 437 (3) of Cr.P.C. meticulously;
(3) Additionally, the applicant will report to the Police Station Pawai, District Ajamgarh (U.P.) once a week on every Sunday between 10:00 a.m. to 12:00 noon unless required to attend the office of the Investigating Officer at Bhopal on that day; and 6 (4) The applicant will deposit his passport, if available, with the Investigating Agency, else file affidavit in this Court declaring that the applicant does not have any passport of any country. This compliance will be condition precedent for release on bail. This bail application stands disposed of accordingly.
M.Cr.C. No.9608/2015Shri G.S. Pandey, Advocate for the applicant.
Shri J.K. Jain, Assistant Solicitor General for the CBI assisted by Shri K.S. Wadhwa, Dy. Advocate General, Shri Piyush Dharmadhikari, Government Advocate and Shri Prakash Gupta, Panel Lawyer for the STF.
Heard counsel for the parties.
This is third bail application filed by the applicant, who is in jail in connection with Crime No.539/2013 (now registered by CBI as RC2172015(A)0108) registered with Police Station STF, Bhopal (M.P.) - commonly known as VYAPAM Examination Scam cases - for the offences punishable under Sections 419, 420, 467, 468, 471 and 120-B of IPC; Section 65 and 66 of I.T. Act; and Section 3 (Gha) 1, 2/4 of M.P. Recognized Examination Act, 1937.
This applicant is also involved only in one offence. He was arrested in September, 2014. Charge-sheet has already 7 been filed against him on 07.11.2014. It is true that in this case middleman Rakesh Prajapati in collusion with whom the applicant committed offence is yet to be arrested. However, the first bail application preferred by this applicant was rejected on 21.01.2015, with a hope that the Investigating Agency would be able to complete the investigation and file final charge-sheet in respect of Crime No.539/2013 before 15.03.2015 as was the assurance given to the Supreme Court in S.L.P.(Civil) CC No.16456/2014. However, final charge-sheet was not filed by the then Investigating Agency (STF). The CBI took over investigation in July, 2015. However, even CBI has not been able to arrest co-accused Rakesh Prajapati for last two months nor any further report has been filed against the applicant disclosing any new material collected against him.
Counsel for the CBI is not in a position to produce any lead which has now become available to CBI, which may require continued custody of the applicant in connection with Crime No.539/2013. The applicant, in our opinion, is justified in relying on the order dated 15.06.2015 in M.Cr.C. No.7362/2015 and the reasons stated therein in respect of another accused Arvind Kumar Patel, who has been named as accused in same Crime No.539/2013 and role ascribed to him is that of a Scorer as is the case against the applicant. This applicant, who is in jail since 25.09.2014, therefore, deserves to be released on bail, also because of the assurance given by him through counsel that he shall extend full cooperation for 8 the further investigation of crime to the new Agency and also make himself available as and when directed by the Investigating Officer and further cooperate in early disposal of the criminal trial pending against him.
That assurance is taken on record and accepted. This applicant, therefore, deserves to be granted bail for the reasons already recorded but on imposing following strict conditions:-
(1) The applicant Ramjeet Yadav shall furnish personal bond in the sum of Rs.2,00,000/-
(Rupees Two Lac) with two solvent local sureties or blood relations in the like amount to the satisfaction of the Trial Court for his regular appearance during the trial in connection with Crime No.539/2013 (now registered by CBI as RC2172015(A)0108) in Police Station S.T.F. Bhopal;
(2) The applicant shall also comply with the conditions enumerated under Section 437 (3) of Cr.P.C. meticulously;
(3) Additionally, the applicant will report to the nearest Police Station where he would reside at Khanpur, Sahsulempur, Kurk Bazar, District Ambedkar Nagar (U.P.) once a week on every Sunday between 10:00 a.m. to 12:00 noon unless required to attend the office of the Investigating Officer at 9 Bhopal on that day; and (4) The applicant will deposit his passport, if available, with the Investigating Agency, else file affidavit in this Court declaring that the applicant does not have any passport of any country. This compliance will be condition precedent for release on bail. This bail application stands disposed of accordingly.
M.Cr.C. No.14065/2015Shri G.S. Pandey, Advocate for the applicant.
Shri J.K. Jain, Assistant Solicitor General for the CBI assisted by Shri K.S. Wadhwa, Dy. Advocate General, Shri Piyush Dharmadhikari, Government Advocate and Shri Prakash Gupta, Panel Lawyer for the STF.
Heard counsel for the parties.
This applicant has been named as accused in Crime No.539/2013. The role ascribed to the applicant is that of a middleman and responsible to arrange 23 Scorers. According to the Investigating Agency, out of these 23 Scorers, 10 Scorers are yet to be arrested. Investigation is still in progress.
In the backdrop of this submission, counsel for the applicant submits that the applicant be allowed to withdraw this applicant and wait for some time with a hope that the 10 investigation will be completed by CBI at an early date.
Application is allowed to be withdrawn. Certified copy as per rules.
(A.M. Khanwilkar) (C.V. Sirpurkar)
Chief Justice Judge
shukla