Madhya Pradesh High Court
Shiv Kumar Yadav vs The State Of Madhya Pradesh on 1 April, 2015
M.Cr.C.Nos.1345/2015, 1678/2015, 3765/2015 & 3870/2015
01.04.2015
Shri Amitabha Gupta, learned counsel for the applicant.
Shri P.K. Kaurav, learned Addl. Advocate General with Shri
P.Gupta, P.L. for the respondents/State.
Heard counsel for the parties.
All these bail applications can be disposed of together by this common order as it pertains to same accused - Shiv Kumar Dubey.
The applicant has been named as accused in Crime Nos.16/2014, 17/2014, 21/2014 & 12/2014 respectively registered with Police Station STF, Bhopal for the offences punishable under Sections 419, 420, 467, 468, 471 & 120-B of IPC and under Sections 3 (gha) 1, 2/4 of the M.P. Manyata Prapt Pariksha Adhiniyam commonly known as - VYAPAM Examination Scam Cases.
The prosecution case is that the applicant acted as racketeer and organized commission of alleged crime by facilitating four different candidates, who were appearing for the examination conducted by VYAPAM with the help of one Brijmohan Gond. The applicant was arrested on 9.7.2014 and since then he is in jail in connection with the aforesaid crimes.
It is not in dispute that the investigation qua the applicant is complete in all respect as of now. The person with whom the applicant interacted for commission of the alleged crime - Brijmohan Gond - has been arrested and he is in jail. Besides, all the four beneficiaries/candidates were arrested and have been released on bail. The charge-sheet has already been filed in all four crimes on different dates between 22.7.2014 to 13.2.2015. Indeed, the final charge-sheet is yet to be filed by the Investigating Agency, as is stated across the Bar, but since it is fairly accepted that the role played by the applicant has been fully investigated and the charge- sheet has already been filed against the applicant, nothing more is required to be done qua the applicant as of now. The applicant through counsel undertakes that he will extend full cooperation with the Investigating Officer for further investigation, if any, including against him as also punctually appear before the trial Court to ensure early disposal of the criminal case.
Taking overall view of the matter, as no custodial interrogation of the applicant is necessary and investigation against the applicant is complete, we are inclined to release the applicant on bail on strict conditions keeping in mind the past record of the applicant that he was arrested only after following the procedure under Sections 82 & 83 of the Code. For that reason, we would impose strict condition such as furnishing bond of Rs.2,50,000/- for each crime and two solvent local sureties of the like amount. The applicant is, therefore, ordered to be released on bail in connection with the respective crimes being Crime Nos.16/2014, 17/2014, 21/2014 & 12/2014 on the following conditions.
(1) The applicant (Shiv Kumar Yadav) shall
furnish personal bond in the sum of
Rs.2,50,000/- (Rupees Two Lac fifty
thousand) for each crime with two solvent
local sureties in the like amount to the
satisfaction of the Trial Court for his regular appearance during the trial in connection with Crime Nos.16/2014, 17/2014, 21/2014 & 12/2014 in Police Station STF, 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 Morena (M.P.) where he would reside 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 (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.
The bail applications stand disposed of accordingly.
(A. M. Khanwilkar) (Miss Vandana Kasrekar)
Chief Justice Judge
snb/-