C B I Vs. SANJEEV SAXENA

JUDGEMENT

(1.) This application under Section 439(2) of the Code of Criminal Procedure, 1973 at the instance of Central Bureau of Investigation, is for cancellation of bail granted to the respondent in connection with Crime No.17/2013 vide order- dated 1.8.2014 in MCrC No.10921/2014.

(2.) That, the crime in question was registered with Police Station STF District Bhopal for the offences under Sections 420, 467, 468, 471 & 120B of Indian Penal Code, Sections 65 and 66 of the Information Technology Act, 2000 and under Section 3(Gha), 1 and 2/4 of the Madhya Pradesh Manayata Prapt Pariksha Adniniyam, 1937, (the case has since been registered as Case No.RC-217-2015-A0020 by the Central Bureau of Investigation in compliance of order-dated 9.7.2015 passed by the Supreme Court in W.P. (Civil) No.417/2015 and connected petitions).

(3.) That, while STF was prosecuting agency and the respondent having suffered an order-dated 10.7.2014 by the trial Court in rejecting the bail application, an application under Section 439 CrPC was filed vide MCrC No.10921/2014 wherein, taking note of the fact as to role of the respondent that he acted as middleman between two candidates and in association with the main conspirators viz. Nitin Mohindra and Sudhir Sharma indulged in connection of unfair means during the Police Constable Recruitment Examination, 2012 and that the investigation in the crime in question (Crime No.17/2013) qua the respondent having completed and further taking into consideration the parity with the case of co-accused Akhilesh Singh Chaturvedi being established. And, that principal accused persons viz. Nitin Mohindra and Sudhir Sharma, associated with the respondent having been arrested and two beneficiaries viz. Gajendra Singh Thakur and Kehar Singh being granted anticipatory bail. And, the statement by Investigating Officer through counsel for the State, that the presence of respondent- accused was no more required, the respondent was released on bail in connection with Crime No.17/2013 on the following conditions : -