Madhya Pradesh High Court
Ajay Singh Rajawat vs The State Of Madhya Pradesh on 7 February, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 6386/2022
(AJAY SINGH RAJAWAT Vs STATE OF MADHYA PRADESH)
Through Video Conferencing
Gwalior, Dated : 07/02/2022
Shri Anand Purohit, Counsel for applicant.
Shri Rajeev Upadhyay, Counsel for State.
Case diary is available.
This fourth application under Section 439 of Cr.P.C. has been
filed for grant of bail. The third application was disposed of by order
dated 25.11.2021 passed in M.Cr.C. No.57301/2021.
The applicant has been arrested on 08.09.2021 in connection
with Crime No.52/2021 registered by Police Station - Surpura,
District Bhind for offence punishable under Sections 420, 467, 468,
471, 120-B of IPC and Section 3, 4 of Examination Act.
It is submitted by Counsel for the applicant that according to the
prosecution case, the applicant had appeared as a solver for a student
of class 10th examination. It is submitted that the applicant is a young
boy aged about 25 years. He is in jail from 08.09.2021. The applicant
was never released on temporary parole in the wake of COVID-19
pandemic. The trial is likely to take sufficiently long time and there is
no possibility of his absconding or tampering with prosecution case.
Per contra, the application is vehemently opposed by Counsel
for the State. It is submitted that applicant who is aged about 25 years
had appeared as a solver in class 10 th examination and this conduct of
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 6386/2022
(AJAY SINGH RAJAWAT Vs STATE OF MADHYA PRADESH)
the applicant is raising a serious question mark on the authenticity of
the examination because if solvers are not discouraged, then the
intelligent persons may suffer set-back.
Considering the period of detention and without commenting on
the merits of the case, 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 Only) 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.
Before releasing the applicant, the Court below shall verify that
whether the applicant was ever released on temporary parole in the
wake of Covid 19 pandemic or not. If the applicant was released on
temporary parole, then this order shall automatically lose its effect and
the Court below shall not be under obligation to release the applicant
on bail as he is being granted bail on the ground of period of
detention.
It is further directed that the applicant shall appear before the
S.H.O. Police Station Surpura, District Bhind on 1st of every
month during the pendency of the Trial. In case of bail jump or non-
appearance of the applicant before the police station as directed by
this Court, this order shall lose its effect.
In the light of the judgment passed by the Supreme Court in the
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 6386/2022
(AJAY SINGH RAJAWAT Vs STATE OF MADHYA PRADESH)
case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021
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
2022.02.08
10:51:05 +05'30'
