Madhya Pradesh High Court
Rakesh Babu Srivastava vs The State Of Madhya Pradesh on 20 October, 2021
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC-50278-2021
Rakesh Babu Shrivastava Vs. State of MP
Gwalior, Dated: 20-10-2021
Shri Padam Singh, Counsel with Shri Uday Veer Singh
Sikarwar, Counsel for the applicant.
Shri R.K. Awasthi, Counsel for the State.
Case diary is available.
This first application under Section 439 of Cr.P.C. has been
filed for grant of bail.
The applicant has been arrested on 25.08.2021 in connection
with Crime No.98/2018 registered at Police Station Civil Line Distt.
Vidisha for offence under Sections 420, 467, 468, 471 of IPC.
It is submitted by the counsel for the applicant that in the year
1989 an advertisement was issued for recruitment on the post of
Medical Officer and as per the said advertisement, upper age limit
was 32 years, whereas it is alleged that at that time, the applicant was
aged about 33 years, 1 month and 19 days. However, it is alleged that
the applicant by manipulating his mark-sheet changed his date of
birth from 12.11.1956 to 12.11.1958 to bring him within the category
of eligible aspirants to participate in the recruitment process. It is
submitted that the applicant was given appointment in the year 1991
and he was serving the department. However, it appears that some
anonymous complaint was made and accordingly a departmental
enquiry was instituted. The applicant filed a Writ Petition
2
THE HIGH COURT OF MADHYA PRADESH
MCRC-50278-2021
Rakesh Babu Shrivastava Vs. State of MP
No.2493/2017 challenging the order dated 05.11.2016, by which the
departmental enquiry was initiated. The High Court by order dated
19.04.2017 issued notices and by interim measure, it was directed
that the respondent may proceed with the departmental enquiry, in
which the applicant shall participate, but no final order shall be
passed by the respondent without the leave of this Court. It is
submitted that the interim order is still in force and Writ Petition
No.2493/2017 is still pending. It appears that the Enquiry Officer
submitted his report against the applicant. However, in view of the
interim order, final order in the departmental enquiry could not be
passed by the disciplinary authorities and, accordingly, they adopted
a short-cut method by lodging the FIR against the applicant. It is
further submitted that advertisement was issued in the year 1989 and
the applicant participated in the year 1990 and was granted
appointment in the year 1991 and an anonymous complaint was made
sometimes in the year 2015 or 2016, i.e., after 24 years of his service.
In fact, the date of birth of the applicant was changed in the mark-
sheet on the application made by his father. The applicant is aged
about 63 years and he is in jail for the last more than one and half
months and in view of the interim order passed by the High Court in
Writ Petition No.2493/2017, the registration of FIR is bad and the
Trial is likely to take sufficiently long time and there is no possibility
THE HIGH COURT OF MADHYA PRADESH
MCRC-50278-2021
Rakesh Babu Shrivastava Vs. State of MP
of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the
counsel for the State. It is submitted that in fact, correct date of birth
of the applicant was 12.11.1956 and by manipulating the mark-sheet,
he obtained job in the year 1991. However, counsel for the State was
not in a position to make a statement as to whether any final order in
the departmental enquiry has been passed or not.
In view of the interim order passed by the High Court in Writ
Petition No.2493/2017, coupled with the fact that the offence alleged
to have taken place in the year 1991 and complaint was made
sometimes in the year 2015 and the applicant is aged about 63 years
and is in jail for the last one and half months, the application is
allowed. It is directed that the applicant be released on bail on
furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One
Lac) with one surety in the like amount to the satisfaction of the Trial
Court/Committal Court to appear before the Court on the dates given
by the concerned Court.
This order shall remain effective till the end of trial but in case
of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in
the case of Aparna Bhat and others Vs. State of M.P. Passed on
THE HIGH COURT OF MADHYA PRADESH
MCRC-50278-2021
Rakesh Babu Shrivastava Vs. State of MP
18.03.2021 in Criminal Appeal No. 329/2021, the intimation
regarding grant of bail be sent to the complainant.
Certified copy as per rules.
(G.S. Ahluwalia)
Judge
Abhi
ABHISHEK
CHATURVEDI
2021.10.20
14:39:51 +05'30'
