Gujarat High Court
Beulanand @ Shreyasing Revbici Nand vs State Of Gujarat on 5 August, 2022
R/CR.MA/9332/2022 ORDER DATED: 05/08/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 9332 of 2022
==========================================================
BEULANAND @ SHREYASING REVBICI NAND
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR APURVA R KAPADIA(5012) for the Applicant(s) No. 1
MS MOXA THAKKAR, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 05/08/2022
ORAL ORDER
[1] By way of this Criminal Miscellaneous Application under Section 439 of the Code of Criminal Procedure, 1973 (for short, "the Cr.P.C."), the applicant - a lady accused seeks regular bail in connection with an F.I.R. being C.R. No.11823017211156 of 2021 dated 10 th December 2021 registered with the Rajpipla Police Station, District : Narmada for the offence punishable under Sections 465, 468, 469, 471 and 500 of the Indian Penal Code and Section 66-D of the Information and Technology (Amendment) Act, 2008.
[2] The sum and substance of the allegations in the aforesaid F.I.R. is that the applicant and other accused persons have prepared forged and fabricated E-mail I.D. and website of Birsa Munda Tribal University and thereafter, marksheets and certificates amongst the students who desired Page 1 of 7 Downloaded on : Wed Aug 10 20:27:36 IST 2022 R/CR.MA/9332/2022 ORDER DATED: 05/08/2022 to migrate to the foreign countries.
[3] Pursuant to the aforesaid F.I.R., the applicant came to be arrested on 27th January 2022. The Investigating Agency has filed chargesheet before the competent Court. Thereafter, the applicant had preferred an application for regular bail being Criminal Miscellaneous Application No.156 of 2002 in the Court of the learned District and Sessions Court at Rajpipla, which was rejected by the learned Sessions Judge, Narmada vide order dated 11th May 2022.
[4] Being aggrieved and dissatisfied with the aforesaid, the applicant has approached this Court by way of the present application seeking, inter alia, regular bail on the appropriate conditions. [5] I have heard Mr. Apurva Kapadia, learned advocate for the applicant and Ms. Moxa Thakkar, learned A.P.P. for the respondent - State of Gujarat.
[6] Mr. Kapadia submitted that the present applicant is an innocent person and has been falsely implicated in the alleged offence. Mr. Kapadia further submitted that there is no prima facie case against the present applicant and thereby, the entire version of the prosecution is concocted, false, fabricated and baseless. The learned advocate for the applicant further emphatically submitted that the applicant is a lady and Page 2 of 7 Downloaded on : Wed Aug 10 20:27:36 IST 2022 R/CR.MA/9332/2022 ORDER DATED: 05/08/2022 more so, now the investigation is over and the entire material is based on documentary evidence, she deserves to be enlarged on regular bail. The learned advocate further submitted that the other co-accused persons being agents have been enlarged on regular bail by the Coordinate Bench of this Court vide orders dated 9 th March 2022 and 14th March 2022 passed in Criminal Miscellaneous Application No.4588 of 2022 and Criminal Miscellaneous Application No.4351 of 2022 and allied matters respectively, and therefore, the present applicant be enlarged on the ground of parity.
[7] By making the above submissions, the learned advocate for the applicant has prayed this Court to enlarge the applicant on regular bail on suitable conditions.
[8] Per contra, Ms. Moxa Thakkar, learned A.P.P. vehemently opposed the present application contending that the present case is very serious in nature and the role of the present applicant is as that of the main accused, therefore, the applicant being a lady, no leniency can be granted. The learned A.P.P. further submitted that the present applicant has not only created the false website of Birsa Munda Tribal University, Rajpipla, but marksheets and certificates of many other government Institutions and Universities have been forged and fabricated, therefore, the offence committed by the present applicant is very serious in nature. Page 3 of 7 Downloaded on : Wed Aug 10 20:27:36 IST 2022
R/CR.MA/9332/2022 ORDER DATED: 05/08/2022 The learned A.P.P. further submitted that during the course of investigation, as many as 510 marksheets and 237 certificates of various Universities came to be recovered from the present applicant. The learned A.P.P. further submitted that 95 rubber stamps of the different Universities as well as the silver and gold colour hallmarks are also found from the possession of the present applicant. In addition to the aforesaid, printers, other lamination machines, paper cutting machines and other instruments also came to be recovered from the present applicant. In view of the aforesaid, the involvement of the present applicant in the alleged offence is direct and can be said as that of the main accused.
[9] By making the above submissions, the learned A.P.P. has prayed this Court to dismiss the present application.
[10] I have heard the learned advocates appearing for the respective parties and have gone through the materials produced on record extensively. No other and further submissions have been canvassed by the learned advocates appearing for the respective parties, except what are stated hereinabove.
[11] Having heard the submissions of the learned advocates and having gone through the materials produced on record, in my view, the allged offence is very serious in nature. The applicant, being a lady, involved in Page 4 of 7 Downloaded on : Wed Aug 10 20:27:36 IST 2022 R/CR.MA/9332/2022 ORDER DATED: 05/08/2022 the alleged offence and that too as the main accused. By the said offence, the applicant has not only committed an offence, but also damaged the reputation of entire education system of the country in the international fora. By virtue of this act, the applicant has created a cloud of suspicion on the credibility of Government Universities and education Institutions in the field of the international education. So far as the role of the present applicant, if considered, in my view, the main allegation with regard to forging of the false degrees and certificates can be attributed to her. From the record, it appears that during the course of investigation, as much as 510 marksheets and 237 certificates of the various Universities came to be recovered from the present applicant. Further, 95 rubber stamps of the various Universities and the silver and gold colour hallmarks which are being affixed on certificates are also recovered from the present applicant. During the course of investigation, in addition to the Birsa Munda Tribal University; false and fabricated certificates and degrees of the following institutions also came to be recovered from the present applicant:
(1) SIKKIM STATE UNIVERSITY (2) SHIVAJI UNIVERSITY, KOLHAPUR (3) CH. CHARAN SINGH UNIVERSITY (4) YBN UNIVERSITY, RANCHI (5) VINAYAKA MISSION UNIVERSITY Page 5 of 7 Downloaded on : Wed Aug 10 20:27:36 IST 2022 R/CR.MA/9332/2022 ORDER DATED: 05/08/2022 (6) MAHAMAYA TECHNICAL UNIVERSITY NOIDA (7) SRI KRISHNADEVARAYA UNIVERSITY ANANTPUR (8) BHAGWANT UNIVERSITY GURU NANAK (9) DEV UNIVERSITY (10) MEGHALAYA NURSING COUNCIL (11) BIHAR BOARD OF OPEN SCHOOLING & EXAMINATION, PATNA (12) THE BOARD OF INDIAN MEDICINES (TELANGANA STATE) (13) VEER BAHADUR SINGH PURVANCHAL UNIVERSITY, JAUNPUR.
[12] All the Universities and Education Institutions referred to above are mainly Government Institutions. In view of the aforesaid, the involvement of the present applicant in the alleged offence is established, therefore, merely because the applicant being a lady, this Court would not like to exercise its discretion to enlarge her on bail. [13] So far as the ground of parity is concerned, it appears that the Coordinate Bench of this Court, vide orders dated 9 th March 2022 and 14th March 2022 referred to above, enlarged the other co-accused persons on bail on the ground that the co-accused persons have not forged any marksheet, document, certificates and there is no direct allegation against them. Whereas in the present case, the direct allegation against the present applicant is made out by series of corroborative piece of materials collected during the course of investigation as discussed hereinabove, and thereby, role of the present Page 6 of 7 Downloaded on : Wed Aug 10 20:27:36 IST 2022 R/CR.MA/9332/2022 ORDER DATED: 05/08/2022 applicant is as that of those who are released by the Coordinate Bench of this Court is materially different and thereby, in my considered opinion, the ground of parity, as claimed by the present applicant, is certainly not tenable in law.
[14] In view of the aforesaid discussion, I see no good reason to exercise my discretionary powers conferred under Section 439 of the Cr.P.C. Thus, the present application is not entertained. [15] Resultantly, the present application fails and is hereby rejected. Notice stands discharged.
(NIRAL R. MEHTA,J) CHANDRESH Page 7 of 7 Downloaded on : Wed Aug 10 20:27:36 IST 2022