LAWS(MPH)-2015-2-104

ARSHAY AAZAM Vs. THE STATE OF MADHYA PRADESH

Decided On February 26, 2015
Arshay Aazam Appellant
V/S
The State of Madhya Pradesh Respondents

JUDGEMENT

(1.) THIS anticipatory bail application is fled by the suspect in Crime No. 12/2013 registered at Police Station STF Bhopal for offence punishable under sections 420, 467, 468, 471, 120 -B I.P.C. read with sections 65 and 66 of the Information Technology Act, 2000, and section 3(d), 1 and 2/4 of the M.P. Recognized Examination Act 1937 - commonly known as VYAPAM Examination Scam cases.

(2.) THE role ascribed to the applicant is one of having acted as Scorer in the examination conducted by VYAPAM to aid and assist another candidate appearing in the same examination. The involvement of the applicant, according to prosecution, has been traced on the basis of diary recovered from Jagdish Sagar, one of the racketeer and mastermind of the offences in question. The applicant in the application form submitted to VYAPAM had disclosed incorrect address as resident of Indore, whereas he is permanent resident of Uttar Pradesh. This is a strong circumstance showing mens rea in commission of offence and not a case of inadvertence. According to the prosecution, the applicant was recipient of amount from Racketeer and middleman to perform as Scorer in the said examination and, therefore, was a member of conspiracy and committed offence for consideration.

(3.) NOTABLY , the applicant is already prosecuting M.B.B.S. in Kanpur University. In that case, there was no reason for him to appear in the entrance examination conducted by VYAPAM at Indore. This circumstance speaks about the involvement of the applicant. According to the applicant, he was selected in Kanpur (U.P.) University to M.B.B.S. course in 2013. Even this aspect needs deeper inquiry by the Inquiry Officer.