BHARAT MISHRA Vs. CBI

JUDGEMENT

(1.) This is an application seeking bail under section 439 of the Code of Criminal Procedure, 1973 in Crime No.RC2172015A0024 (Case No.SC/1000006/2014) registered at C.B.I. AC-IV/V (Vyapam Cases), District Bhopal (M.P.) for offence under sections 120-B read with 201, 420, 467, 468, 471, 477A of the Indian Penal Code ; under sections 13(2) read with 13(1)(d) of the Prevention of Corruption Act ; under sections 65 and 66 of the IT Act; and, under sections 3D(1)(2), 4, 6 of the MP Recognized Examination Act, 1937 impugning order-dated 10.2.2020, passed by the Court of IX Additional Sessions Judge/Special Judge (Vyapam Cases), CBI, Bhopal, whereby the application moved by the petitioner was dismissed.

(2.) Learned counsel for the petitioner submits that copies of the bail orders passed by this Court granting benefit of bail to the similarly placed co-accused as well as the middleman have been filed. It was also urged that similarly situated co-accused Tarang Sharma has been granted bail vide order dated 13.5.2020 passed in M.Cr.C.No.8414/2020. It was contended that the petitioner is in custody since 07.02.2020 and as the trial is likely to take time, he be granted the benefit of bail as has been granted to other co- accused as also the other middleman.

(3.) Mr. J.K. Jain, learned Assistant Solicitor General, though vehemently opposed the prayer made and urged that it is a serious act committed by the petitioner and he does not deserve the concession of bail, but could not controvert the fact that the other co-accused and the middleman, as claimed by the learned counsel for the petitioner, have already been enlarged on bail.