SHEEL NAGU, ANAND PATHAK
Jitendra Kumar – Appellant
Versus
State of M. P. – Respondent
JUDGMENT :
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 (Crime No. 271/2014) pending before IV Additional Sessions Judge/Special Judge CBI (VYAPAM), (M.P.)
4. Petitioner is a candidate who had vacated the seat allotted to him for some extraneous consideration and thus is alleged with offence of cheating and forgery in M.P. PMT Examination 2011 followed by admission to private college nomenclature as Chirayu Medical College, Bhopal.
5. Learned counsel for CBI Shri Newaskar by filing reply informs that charge-sheet qua petitioner has been filed on 7/1/2021. Reply also reveals that petitioner has cooperated in investigation process as and when summoned by Investigating Agency and therefore custodial interrogation is not required.
6. Moreover, the principle laid down by Apex Court including the case of Siddharam Satlingappa Mhetre
Siddharam Satlingappa Mhetre vs. State of Maharashtra and others
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 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 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 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 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 court may grant anticipatory bail after considering the seriousness of the charge, the applicant's cooperation in the investigation, and the overall facts and circumstances of the case.
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