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SHEEL NAGU, ANAND PATHAK
Ajay Goenka – Appellant
Versus
CBI – Respondent
ORDER :
1. Heard through video conferencing.
2. This is first application u/S. 438 Cr.P.C. for grant of anticipatory bail by the petitioner.
3. Petitioner apprehends arrest in connection with offence punishable u/Ss. 120-B, 201, 204, 408, 419, 420, 468, 471, 477-A IPC., Ss. 13(2), 13(1)(d) of Prevention of Corruptions Act, 1988 and Ss. 4/3D (1)(2) of M.P. Recognized Examinations Act, 1937 registered as RC2172015S0009 pending before IV Additional Sessions Judge/Special Judge CBI (VYAPAM), Gwalior (M.P.).
4. Petitioner is alleged with offence of cheating and forgery where he is alleged to be mastermind behind VYAPAM scam being Secretary of Managing Committee by trading seats followed by admission to Chirayu Medical College, Bhopal in PMT Examination 2011.
5. CBI has filed reply disclosing that charge-sheet in the matter regarding petitioner has been filed including other co-accused on 7/1/2021. Reply further reveals that petitioner has cooperated with CBI in the process of investigation.
6. However, learned counsel for CBI objects to grant of bail by relying upon decision of coordinate bench of this court at Principal Seat at Jabalpur in Dr. Divya Kishore Satpathi & others Vs. Central Bure
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 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, accused cooperating in investigation and trial, and the presumption of innocence are crucial 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 cooperation of the petitioner in the investigation and the lack of requirement for custodial interrogation were key factors 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.
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