Madhya Pradesh High Court
Sourabh Chand Gupta vs The State Of Madhya Pradesh on 24 September, 2015
MCRC-7295-2015
(SOURABH CHAND GUPTA Vs THE STATE OF MADHYA PRADESH)
24-09-2015
Shri UK Bohre, learned counsel for the petitioner.
Shri Vivek Khedar, learned Assistant Solicitor General of Union of India for
respondent No.2 CBI Vyapam Cell Bhopal.
CBI counsel is under receipt of the case diary.
On behalf of the applicant, this second repeat bail application is preferred under Section 439 of Cr.P.C. for grant of bail to the applicant as he is under custody since 21/6/2015, in connection with Crime No.449/2013, registered at Police Station Jhansi Road, Gwalior for the offences under Sections 419, 420,467, 468, 471, 201 and 120-B of IPC and Section 3/4 of MP Recognized Examination Act.
It is noted that his earlier bail application filed in this regard was dismissed as withdrawn and not pressed vide order dated 7/7/2015 passed in MCRC 6473/2015 with liberty to revive the prayer after 15 th July, 2015 and it appears that under such liberty present petition is filed.
After transferring the case to the CBI, the same has been registered as RC 2172015S0109.
Petitioner's counsel after taking us through the papers placed on record along with the rejection order of the Sessions Court by referring copy of the charge sheet filed against the petitioner and placed on record, argued that on taking into consideration the evidence submitted along with the charge sheet in its entirety even then the ingredients of the alleged offences are not made out. In addition, he stated that all the co-accused relating to the case of the petitioner have been arrested in the matter and out of them, concerning student Saurabh Mishra was released on bail by this Court vide order dated 3/9/2014 passed in MCRC 7867/2014 and his father Suman Kumar Mishra who provided the alleged sum to such student to make arrangements for illegal admission in the medical course was released on bail by this Court vide order dated 14/10/2014 passed in MCRC 8665/2014. Besides this, the alleged middleman DP Yadav, who engaged the petitioner as a solver to appear in the alleged examination on behalf of aforesaid Saurabh Mishra has also been arrested on 23/3/2015. In addition, he said that after filing the charge sheet, custodial interrogation of the petitioner is not required in the matter and according to his information in the chain of student Saurabh Mishra no accused is yet to be arrested in the matter because all the accused have been arrested. Petitioner has already suffered three months in judicial custody and the trial of the case will take for its conclusion months together or years together and prayed for extending benefit of bail to the petitioner by allowing this petition.
Aforesaid prayer is opposed by the CBI counsel with the assistance of the case diary as well as copy of the charge sheet saying that looking to the nature of the offences and the manner in which it was committed by the petitioner by appearing as solver in place of student Saurabh Mishra in the competitive examination of PMT held by Vyapam for which sufficient evidence is available in the case diary the petitioner does not deserve for grant of bail. However, he fairly concedes that all the connected co-accused of the present matter have been arrested and out of them Saurabh Mishra, the student, and Suman Mishra, student's father have already been released on bail as submitted by the petitioner's counsel and the alleged middleman DP Yadav is in judicial custody, and prayed for dismissal of the petition. Having heard counsel, keeping in view the arguments advanced, taking into consideration the nature of evidence collected by the investigating agency in the matter, along with the circumstance that all the connected co-accused in the case relating to the student Saurabh Mishra have been arrested and out of them student Saurabh Mishra and his father Suman Mishra have been released on bail long before as stated above, the middleman DP Yadav is in judicial custody, and trial will take months together or years together for its conclusion and before completing the trial we do not think fit to keep the petitioner in custody for longer period, without expressing any opinion on the merits of the matter, subject to following terms and conditions, the petitioner is extended benefit of bail.
Accordingly, this petition is allowed. Consequently, subject to following terms and conditions the petitioner is directed to be released on bail :-
1. The petitioner shall abide all the terms and conditions enumerated under Section 437(3) of Cr.P.C.
2. While remaining on bail, petitioner shall report before the Investigating Officer of the impugned Crime at Irrigation Guest House, Chambal Colony, Thatipur, Gwalior between 10:00 to 12:00 AM on first Sunday in the beginning of every month and besides this whenever his presence would be required to hold further investigation in the matter he will remain present to assist him to carry out the further investigation.
3. Petitioner is directed that if he is having the passport then he will deposit the same before the Trial Court at the time of furnishing the bail bond with a further direction that he will not leave the territory of Madhya Pradesh without permission of this Court or Trial Court.
It is further directed that on furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac Only) alongwith one surety of the like amount to the satisfaction of the trial Court with respect of aforesaid imposed conditions, the petitioner shall be released on bail with a direction that he will remain present on each and every date of the trial before the Trial Court. His single non-appearance before such Court shall sufficient circumstance to cancel his bail without further direction of this Court.
Certified Copy.
(U.C. MAHESHWARI) (SUSHIL KUMAR GUPTA)
JUDGE JUDGE