Deepak Kumar Warkade vs Central Bureau Of Investigation
2022 Latest Caselaw 2437 MP

                                                                            1
                                          IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                         BEFORE
                                                            HON'BLE SHRI JUSTICE SHEEL NAGU
                                                                            &
                                                       HON'BLE SHRI JUSTICE MANINDER SINGH BHATTI
                                                                ON THE 22nd OF FEBRUARY, 2022

                                                        MISC. CRIMINAL CASE No. 3823 of 2022

                                               Between:-
                                               DEEPAK KUMAR WARKADE S/O SHRI S N
                                               WARKADE    , AGED      ABOUT  25  YEARS,
                                               OCCUPATION:  NIL    VILLAGE   AND   POST
                                               DHANAURA DISTT. SEONI (MADHYA PRADESH)

                                                                                                           .....APPLICANT
                                               (BY SHRI RASHID SUHAIL SIDIQI, ADVOCATE )

                                               AND

                                               CENTRAL BUREAU OF INVESTIGATION THROUGH
                                               ITS JOINT DIRECTOR VYAPAM INVESTIGATION
                                               CELL CHAR IMLI DISTT. BHOPAL (MADHYA
                                               PRADESH)

                                                                                                         .....RESPONDENT
                                               (BY SHRI J.K. JAIN, ASSISTANT SOLICITOR GENERAL )

                                            This MCRC coming on for hearing this day, SHEEL NAGU, J. passed
                                      the following:
                                                                                ORDER

This is the first application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail.

The applicant is apprehending his arrest in connection with Crime No.104/(S)/2015 registered at Police Station - CBI CAMP Bhopal (M.P.) for offences punishable under Sections 120-B r/w 109, 419, 420, 467, 468, 471 of IPC and Section 4 read with 3D(1), (2) of M.P. Recognized Examinations Act, 1937.

Learned counsel for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.

Allegation against the applicant is that he arranged impersonator- Brajesh Kumar Tripathi to appear in 2009 PMT Examination in his place.

Signature Not Verified The CBI has filed a report on 16.02.2022 inter alia revealing that applicant SAN

Digitally signed by SHUBHAM THAKKER has cooperated during process of investigation which culminated into filing of Date: 2022.02.24 16:47:20 IST

charge-sheet on 06.01.2022.

In view of above and the fact that the applicant has not yet been declared as an absconder and he has cooperated in the investigation, no useful purpose shall be served to arrest him as custodial interrogation is no more required since investigation is over by filing of charge-sheet.

Learned counsel for applicant has relied upon the judgments of Supreme Court rendered in the case of Siddharth Vs. State of U.P. 2021 SCC Online SC 676 and Aman Preet Singh Vs. CBI Through Director, 2021 SCC OnLine SC

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that applicant-Deepak Kumar Warkade be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the Arresting Authority.

This order will remain operative subject to compliance of the following conditions by the petitioner :-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the concerned available Magistrate/Investigating Officer, as the case may be.

7. The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time Signature Not Verified SAN by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of the petitioner during period of bail as a Digitally signed by SHUBHAM THAKKER Date: 2022.02.24 16:47:20 IST

consequence of this order.

A copy of this order be sent to the Court below for compliance. M.Cr.C. stands disposed of.

C.C. as per rules.

                                        (SHEEL NAGU)                                    (MANINDER SINGH BHATTI)
                                            JUDGE                                               JUDGE
                                      Shub




Signature Not Verified
  SAN




Digitally signed by SHUBHAM THAKKER
Date: 2022.02.24 16:47:20 IST