SUNIL TYAGI Vs. STATE OF M P

JUDGEMENT

(1.) Heard counsel for the parties. The applicant has been named as accused for the offences punishable under Sections 419, 420, 467, 468, 471, 120 -B of IPC and under Section 3(D), 1, 2/4 of the M.P. Manyata Prapt Pariksha Act, 1997 in connection with Crime No.6/14 registered at Police Station STF, Bhopal pertaining to VYAPAM scam cases.

(2.) The applicant is the beneficiary of the unfair means adopted during the examination conducted by VYAPAM in 2013, for appointment to the post of Constable. The father of the applicant through Devesh Tyagi and Pankaj Tiwari arranged for the impersonator to appear in place of the applicant during the said examination. The said two middlemen Devesh Tyagi and Pankaj Tiwari, in turn, took help of Sarvendra Yadav who arranged for the impersonator Parikshit Yadav.

(3.) It is not in dispute that Devesh Tyagi, Pankaj Tiwari and Sarvendra Yadave have been arrested. As also father of the applicant Prabhudayal Tyagi has been arrested. All of them are presently in custody in connection with the alleged offence. As regards the applicant, even the trial Court has found that he did not directly interact with any middleman or the impersonator. His father took initiative in that behalf and contacted the middlemen Devesh Tyagi and Pankaj Tiwari. In that sense, the case is similar to the case of Vasudev Tyagi, another beneficiary in VYAPAM Examination who has already been granted bail. The applicant is, therefore, entitled for parity as in the case Vasudev Tyagi. In the present case, as aforesaid charge -sheet has been filed against the applicant which presupposes that the investigation against the applicant is complete, unless further investigation may become necessary if new material comes on record. The respondent through counsel in all fairness submits that further custody of the applicant is not required for the purpose of investigation of the case against him. The applicant through counsel assures that as and when his presence is required by the Investigating Officer, he shall make himself available in the Office of the Investigating Officer even at short notice. Moreover, the applicant will punctually attend the Court proceedings and cooperate for early disposal of the trial.