Back
SHEEL NAGU, ANAND PATHAK
Rakesh Singh – Appellant
Versus
State of M. P. – Respondent
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, 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 in PMT Examination 2009.
4. It is submitted that petitioner was summoned by CBI for first time in 2017 when he appeared, whereafter continued 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 in Govt. Hospital at Delhi 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 submits that petitioner had wrongly shown himself to be a student in the cause-title of bail application before trial cou
The cooperation of the petitioner in the investigation and the lack of requirement for custodial interrogation were key factors in granting anticipatory bail.
The court may grant anticipatory bail based on the petitioner's cooperation in the investigation, the lack of requirement for custodial interrogation, and the absence of evidence indicating a possibi....
The importance of gravity of the offence, accused cooperating in investigation and trial, and the presumption of innocence are crucial factors in granting anticipatory bail.
The principle of presumption of innocence and the accused's cooperation in the investigation and trial are important considerations in granting anticipatory bail.
The principle of presumption of innocence and the accused's cooperation in the investigation and trial are persuasive considerations for granting anticipatory bail.
The importance of gravity of the offence, the accused's cooperation in the investigation, and the principle of presumption of innocence are crucial factors in deciding on anticipatory bail.
The principle of 'presumption of innocence' and the importance of the accused's cooperation in the investigation and trial are crucial factors in deciding on anticipatory bail applications.
The court's decision was influenced by the timing of the incident, the filing of the FIR, and the applicant's willingness to cooperate in the investigation in granting anticipatory bail.
The main legal point established is the need to balance the protection of personal liberty with the requirements of the investigation when considering a request for anticipatory bail.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
