1. Heard counsel for the parties.

2. This is a second bail application filed under section 439 of CrPC by the applicants. The applicants have been arrested in connection with Crime No.266/2012 registered with S.T.F. Police Station Bhopal – commonly known as VYAPAM examination scam cases – for the offences punishable under sections 419, 420, 467, 468, 471, 474, 109 and 120 of IPC. and also under section 3(D) (2)/4 of the Madhya Pradesh Manyata Prapt Pariksha Adhiniyam, 1937.

3. The role ascribed to the applicants is that of beneficiaries. The applicant No.1 allegedly took assistance of one Hemant Shakya, who arranged for Dipak Shakya to appear for him as impersonator during the examination. The applicant No.2, on the other hand, contacted Gyan Singh to help him during the Vyapam Examination to secure good marks. In other words, Hemant Shakya and Gyan Singh acted as middlemen to facilitate the application No.1 and applicant No.2 respectively in commission of unfair means during the subject examination.

4. As regards applicant No.2, it has come on record that Gyan Singh, who acted as middleman, is reportedly dead. The Investigating Officer made inquiries to reassure himself that th