CAPT. AMBRISH SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present is an application under section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail filed on behalf of the petitioner, who apprehends his arrest in connection with a Crime No.RC2172015A0025(CBI) registered with Police Station CBI, Bhopal for the offences punishable under Sections 419, 420, 467, 468, 471, 120-B of the Indian Penal Code; sections 65 and 66 of the Information Technology Act, 2000; sections 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988 and Section 3(D)(1)(2) read with Section 4 of the Madhya Pradesh Recognised Examination Act, 1937.

(2.) The petitioner claims to be the Director (Administration) of People's Group of educational institutions. The petitioner is the one, who has been charge-sheeted along with Dr. Vijay Kumar Pandya, Dean, People's Medical College, Bhopal. Earlier anticipatory bail applications filed by Dr. Vijay Kumar Pandya bearing MCRC No. 25107/2017 (Dr. Vijay Kumar Pandya v. Union of India through CBI) and that of Dr. Vijay Kumar Ramnani, Member of the Admission Committee of the said Medical College being MCRC No. 25158/2017 (Dr. Vijay Kumar Ramnani v. Union of India through CBI and Another) came up for hearing before this Court and for the detailed reasons recorded in the order passed therein on 14.12.2017 , such applications were rejected.

(3.) The petitioner asserts that he was not a Director (Admissions) and was not connected with the admission process, therefore, the petitioner has been wrongly arrayed as an accused. It is pointed out that the allegation against the petitioner is that one boogie candidate - Ashish Swami and his father Subhash Chandra met Sonu Pachauri in Bhopal for admission of Ashish Swami in People's Medical College, Bhopal before PMT 2012. Sonu Pachauri then introduced them to the Chairman of the College, namely, Shri Vijaywargiya and the Director (Admissions), namely, Shri Ambrish Sharma. A demand of Rs. 15.00 Lac was made for admission of Ashish Swami in the Medical College and he was directed to come to the college with full money and documents on 30.09.2012. The argument of learned counsel for the petitioner is that Ambrish Sharma is not the Director (Admissions), therefore, allegations against the petitioner in the charge-sheet are not correct.