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2021 Supreme(MP) 144

SHEEL NAGU, ANAND PATHAK
Nitesh Kumar Singh – Appellant
Versus
Director, CBI – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A.R. Shivhare, Learned Counsel
For the Respondent: Praveen Newaskar, Learned ASGI

JUDGMENT :

Heard through video conferencing.

1. This is first application u/S. 438 Cr.P.C. for grant of anticipatory bail by the petitioner.

2. Petitioner apprehends arrest in connection with offence punishable u/Ss. 120-B, 109, 201, 419, 420, 467, 468, 471 IPC & Sec. 3 & 4 of M.P. Recognized Examinations Act, 1937, based on registration of FIR 138/13 dated 19/4/2013 by Police Station Jhansi Road, Gwalior (M.P.).

3. Petitioner apprehends arrest in respect of offence of cheating and forgery arising out of allegation that petitioner has appeared as solver in place of co-accused candidate Pankaj Singh Tomar in PMT Examination 2009.

4. It is submitted that petitioner was summoned by CBI for first time in 2017 when he appeared and continues to appear as and when CBI summoned him for giving his statement and as well as his signature and handwriting sample. It is stated that petitioner is presently working as Medical Officer at Naubatpur Patna (Bihar) and he is ready and willing to abide by all the terms and conditions as imposed by this court.

5. Per contra, learned ASGI for respondent CBI objects to bail application and submits that in such nature of offence bail should not be granted.

5.1. T

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