ATIBAL SINGH YADAV Vs. STATE OF MP

JUDGEMENT

(1.) INVESTIGATING officer in the crime No. 138/2013 Shri Akhilesh Renwal, Deputy Superintendent of Police, posted as CSP, Morar, Gwalior is present in person along with the case diary.

(2.) ON behalf of the applicant Atibal Singh Yadav this petition is preferred under section 438 of the Code of Criminal Procedure for grant of anticipatory bail as he is under apprehension of his arrest in connection with Crime No. 138/2013 registered at Police Station Jhansi Road, Gwalior for the offences under sections 419, 420, 467, 468, 471 and 120B of IPC and section 3/4 of the Madhya Pradesh Recognised Examination Act.

(3.) APPLICANT 's counsel after taking us through the bail petition along with the rejection order of the Sessions Court argued that the impugned case has been registered in connection with fraud and forgery committed by various persons in respect of competitive PMT Examination held by VYAPAM of the State of MP. In continuation, he submits that according to the available information in the course of investigation, the aforesaid Police is interested to implicate the applicant in the alleged offence on the basis of some false and fabricated story while the applicant has not committed any such alleged offence. In addition, he submits that his son Arun Yadav has passed out the alleged PMT Examination and pursuant to that, he has secured admission in medical course of MBBS. However, subsequent to registration of the impugned crime, his son has been implicated in the case on the ground that by adopting illegal affairs and affixing the photograph of some other person on the form of PMT Examination he did not appear in the examination and such examination was given on his behalf by some solver/scorer, and as per further case of the prosecution, all such illegal affairs were managed by present applicant, being father of Arun Yadav by involving himself in the criminal conspiracy with the arrested co - accused Deepak Yadav by paying him the consideration of Rs.seven lakhs. As alleged such sum was paid by the applicant to said Deepak Yadav to manage the affairs of such admission as well as to manage the solver and in such premises, the prosecution is trying to implicate the present applicant in the alleged offence. In continuation, he submits that earlier there was apprehension to his son of his arrest in the impugned crime on which he initially approached the Sessions Court and anticipatory bail was granted to him, but subsequent to invocation of some additional sections of the offences of the Indian Penal Code, he again approached the Sessions Court for anticipatory bail and such petition was dismissed, on which he came to this Court, but on consideration, such petition of his son for anticipatory bail was dismissed, against that he approached the Apex Court through SLP (Cr.) 51/2015, and on consideration, the Apex Court by allowing such SLP has extended benefit of anticipatory bail to his son Arun Yadav vide order dated 23/2/2015. In support of such contention, counsel has also referred to copy of such order. Same is taken on record. He further submits that according to his information, in the course of investigation form of the son of the applicant was sent to Forensic Science Laboratory at Sagar where on examination the photograph of his son was not found to be mismatched. In continuation, he said that so far as handwriting on the form and other document is concerned, as per available information, form to examine the handwriting was never sent by the investigation agency to the Forensic Science Laboratory or to any other expert for opinion. He further submits that on receiving report from the Forensic Science Laboratory, Sagar regarding aforesaid photograph, such papers were again sent to some forensic laboratory at Gandhinagar (Gujrat), but from such laboratory also no adverse report has been received in respect of son of the applicant. In such premises, in the lack of such material evidence, there is no circumstance in the matter to draw any inference against the applicant that his son was involved in the alleged offence or the applicant had managed any affairs to secure admission of his son Arun Yadav in the MBBS course through PMT Examination through middle man or racketeer like Deepak Yadav by illegal means. With these submissions, he prayed to extend benefit of anticipatory bail to the applicant by allowing this bail petition. He also placed reliance on a decided case of the Apex Court in the matter of Shobhan Singh Khanka Vs. State of Jharkhand, : (2012) 4 SCC 684.