The grant of anticipatory bail should be based on a thorough consideration of the seriousness and complexity of the offence, and should not be granted as a matter of course.

1. Heard counsel for the parties.

2. This application is for grant of anticipatory bail. The applicant is suspected to be involved in commission of offence registered as Crime No. 14/2013 with S.T.F. Police Station, Bhopal - commonly known as VYAPAM examination scam cases for the offence punishable under Sections 409, 420, 120-B of I.P.C., Section 3(Gha)1, 2/4 of the M.P. Manyata Prapt Pariksha Adhiniyam, 1937 and under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

3. The argument of the applicant is that the Investigating Officer is persecuting the applicant. There is no material whatsoever before him to indicate the involvement of the applicant in the commission of the crime. It is submitted that the applicant's daughter Dr. Nistha Agrawal had appeared for Pre-P.G. Examination in 2012. She was already married to one Dr. Vikas Singhal in 2010. The husband of Dr. Nistha Agrawal as well as her father-in-law is Doctor by profession. The applicant hails from a respected family and is a public servant working in the Government Hospital at Bhopal. He is already 64 years of age and has unblemished service record.

4. It is submitted that the fact that his daughter had stayed with him during the examination period is being used against the applicant and, therefore, the Investigating Officer intends to proceed against him in connection with the crime in which his daughter - Dr. Nistha Agrawal - has been named as accused. Dr. Nistha Agrawal was arrested on 15th December, 2014 and later on released on bail on 27th December, 2014. No fruitful purpose would be served by arrest of the applicant and more so that arrest would not be legitimate and justified in absence of any evidence to indicate the complicity of the applicant in the commission of the offence.

5. It is further submitted that the applicant deserves to be granted anticipatory bail on parity with another accused involved in the same crime Shri Kailash Chand Jain in terms of anticipatory bail granted to him by the Supreme Court. Reliance is also placed on the decision of the Supreme Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and others : (2011) 1 SCC 694, in particular paragraphs 85 to 96 and 112 and 113 to contend that ordinarily the suspect should be granted anticipatory bail and more so, in the fact situation of the present case, the exposition in the said decision squarely applies.

6. As directed on the earlier date, the learned counsel for the State has produced the case diary in connection with Crime No. 14/2013 and in particular invited our attention to the documents forming part thereof unraveling the role of the applicant. The Investigating Officer is personally present in Court and has assisted the counsel for the State to point out those documents. A brief note has also been handed over to the Court to point out the circumstances in which the Investigating Officer is required to examine the applicant as suspect in Crime No. 14/2013. The record indicates that Bharat Mishra was in touch with Vipin Goyal and Nitin Mohindra (racketeers). The applicant had called Nitin Mohindra on 30.08.2012 as is noticed from the telephone record available in the case diary. The circumstances in which the applicant interacted with Nitin Mohindra is a matter to be examined by the Investigating Officer. Whether there was any reason for the applicant to contact Nitin Mohindra and whether it was in connection with the examination of his daughter Dr. Nistha Agrawal who had appeared in Pre-P.G. Examination is a matter for investigation. The connection of the applicant with Nitin Mohindra and Bharat Mishra is being investigated. Suffice it to observe that it is not as if there is no evidence at all with the Investigating Officer warranting examination of the applicant for the purpose of investigation of Crime No. 14/2013 and to ascertain the factum of involvement of the applicant in the said crime and to collect other info