ATUL GUPTA Vs. DIRECTOR CBI (VYAPAM CELL)

JUDGEMENT

(1.) CBI counsel is under receipt of the case diary.

(2.) Applicant's counsel after taking us through the rejection order of the Sessions Court, by referring the copy of the charge-sheet filed against the applicant from his brief, argued that on taking into consideration the entire evidence collected and submitted with the charge-sheet as accepted in its entirety, even then the ingredients of the alleged offence are not made against the applicant. In continuation, he said that applicant has already suffered near about eight months in judicial custody. Meanwhile, the alleged student Ashish Kumar and his father, who had provided the huge sum to the applicant to secure the admission in the medical course in illegal manner, namely Rambabu Prajapati, have been released on bail by this Court vide order dated 16.9.15 and 12.5.2015 in M.Cr.C. Nos. 2899/15 and 3096/15 respectively. He also referred the copy of such orders. The same are taken on record. In such premises, he said that all the co-accused relating to the impugned chain have been arrested and out of them, aforementioned Ashish Kumar and Rambabu Prajapati have been released on bail and trial of the case will take its own time, that may be years together and months together and prayed for extending the benefit of bail by allowing this petition.

(3.) The aforesaid prayer is opposed by the CBI counsel with the assistance of the case diary, saying that looking to the nature of the offence and the manner in which the applicant as solver has assisted other co-accused to secure the admission of the aforesaid student in the medical course in illegal manner, for which sufficient evidence is available in the charge-sheet, the applicant does not deserve for bail. However, he fairly conceded that all the accused relating to the impugned chain have been arrested and none is yet to be arrested in this chain and prayed for dismissal of this petition.