VIVEK KUMAR ARYA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Appearing counsel for the parties are heard on alleged first anticipatory bail application filed before this court on behalf of applicant under section 438 of the Cr.P.C., 1973 in relation to Crime No. 259/2009 registered at Police Station Kampoo, District Gwalior for offences punishable under sections 419, 420, 467, 468, 431 r/w Section 120-B of the IPC and Section 3-D/4 of M.P. Recognized Examination Act and the status report filed by the respondent, documents filed on behalf of applicant and case diary are perused.

(2.) Applicant's anticipatory bail petition under same provision has already been dismissed vide order dated 7th of July, 2018 by Special Judge (PMT) and 4th Additional Sessions Judge, Gwalior whose certified copy is annexed with the application under consideration.

(3.) Appearing counsel for the petitioner Vivek Kumar Arya contends that the applicant is apprehending his arrest in above mentioned crime and it is alleged by the prosecution that in M.P. PMT, 2009 at the center of Government Padma Girl's Higher Secondary School, Gwalior on 5.7.2009 impersonator Manoj Kumar Nishad appeared in the name of actual candidate present applicant (Vivek Kumar Arya) and Test Admit Card of applicant's role number was allegedly seized from Manoj Kumar Nishad, who was arrested on 5.7.2009 and during investigation by M.P. Police, the role of 22 more accused was surfaced and after completion of investigation charge-sheet was filed by the Police Station Kampu on 2.9.2009 before the court concerned against 19 accused persons including impersonators and middle-men and allegedly some actual candidates including present petitioner could not be traced out, during investigation by M.P. Police. After trial vide judgment dated 11.12. 2013, First Additional Sessions Judge, Gwalior has acquitted 16 tried accused persons including Manoj Kumar Nishad, thereafter, in compliance to the order of the Hon'ble Supreme Court investigation has been conducted by CBI and two supplementary charge-sheets have been filed on 11.12. 2014 and 10.5. 2015 and CBI re-registered the case for further investigation under case no. R.C. 217 2016 S 0004 on 7.1.2016, against untraced absconding accused persons. It is argued that alleged impersonator of the present applicant has already been acquitted, hence there is no possibility of conviction of the present applicant and actually during investigation in the year 2009 present applicant co-operated with the investigation and his statement was recorded and thereafter charge-sheet was filed wherein applicant was not arrayed as accused. Presently, petitioner is a government teacher and if he is arrested in the crime, then his career and future prospects would be destroyed. He is ready to comply with all conditions to be imposed by the court. Therefore, it is prayed that benefit of anticipatory bail be given to the present applicant.