Ravi Singh Tomar Vs The State Of Madhya Prades

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

MCRC, 7957 of 2015, Judgment Date: Jun 19, 2015

M.Cr.C. Nos.7957/2015, 6085/2015, 6078/2015, 8948/2015,
7966/2015

19/6/2015

M.Cr.C. No.7957/2015

Shri Manish Datt, Senior Advocate with Shri Nishant Datt,
Advocate for the applicant.
Shri P.K. Kaurav, Additional Advocate General, Shri Piyush
Dharmadhikari, Government Advocate and Shri Prakash Gupta,
Panel Lawyer for the respondent/State.
Heard counsel for the parties.

The applicant has been arrested on 26.01.2015 in connection
with Crime No.267/2013 registered with Police Station Civil Lines
Rewa, - commonly known as VYAPAM Examination Scam cases
– for the offences punishable under Sections 419, 420, 467, 468,
471, 109, 120-B of IPC and Section 3 (Gha) 1, 2/4 of M.P.
Recognized Examination Act, 1937.
The role ascribed to the applicant by the prosecution is that
of a middleman. He had arranged impersonator – Manoj to appear
in the examination conducted by VYAPAM for and on behalf of
original candidate - Ankur Kaushal appearing in the said
examination. It is not disputed that all the accused persons have
been arrested.
 It is, fairly, stated by the learned counsel for the State, on
instructions, that custodial interrogation of the applicant is no more
required. Charge-sheet has also been filed against the applicant on
29.04.2015. Further, the investigation against the applicant is
complete in all respects as of now and, therefore, the presence of

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applicant is no more required. In that sense, the link between the
accused persons is already complete. Further, the applicant through
counsel undertakes to appear before the Investigating Officer as
and when called for further investigation including against him as
also to punctually appear before the trial Court to ensure early
disposal of the criminal trial.
In the interest of justice, taking overall view of the matter,
we deem it appropriate to grant bail to the applicant on following
strict conditions:-
(1) The applicant shall furnish personal bond in the
sum of Rs.1,00,000/- (Rupees One Lac) with
two solvent local sureties in the like amount to
the satisfaction of the Trial Court for his
regular appearance during the trial in
connection with Crime No.267/2013 in Police
Station Civil Lines Rewa;
(2) The applicant shall also comply with the
conditions enumerated under Section 437 (3)
of Cr.P.C. meticulously;
(3) Additionally, the applicant will report to the
nearest Police Station where he would reside at
Gwalior, City Kotwali, Gwalior (M.P.) once a
week on every Sunday between 10:00 a.m. to
12:00 noon unless required to attend the office
of the Investigating Officer at Bhopal on that
day; and
(4) The applicant will deposit his passport, if

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available, with the Investigating Agency, else
file affidavit in this Court declaring that the
applicant does not have any passport of any
country. This compliance will be condition
precedent for release on bail.
The bail application stands disposed of accordingly.
Certified copy as per rules.
 M.Cr.C. Nos.6085/2015, 6078/2015
 Counsel for the respondent-State on instructions submits that
the investigation against this applicant is still not complete in all
respects, even though charge-sheet has been filed against the
applicant in the respective crimes.
In view of this submission, counsel for the applicant submits
that in that case these applications may be deferred.
Accordingly, list on 03.07.2015.
 M.Cr.C. Nos.8948/2015, 7966/2015
 For the same reason as recorded in companion M.Cr.C.
Nos.6085/2015 and 6078/2015, even these applications are deferred
till 03.07.2015 as requested by the counsel for the applicants.

 (A.M. Khanwilkar)                                    (Alok Aradhe)
 Chief Justice                                               Judge