Dushyant Verma vs State of NCT of Delhi

Shiv Narayan Dhingra, J.—This application u/s 439 Cr.P.C has been made by the Petitioner for grant of bail. The Petitioner/ applicant sought interim bail for appearing in different examinations and gave a schedule which is as under:

a. MAT exam on 05.12.10

b. IELTS exam on 11.12.10

c. SNAP exam on 19.12.10

d. XAT exam on 1st week of January 2011.

e. FMS exam in 2nd week of January, 2011.

The applicant had earlier moved an application on 20th October 2010 for appearing in CAT examination to be held on 29th October 2010. The applicant stated that during January 2011, there will be series of interviews for which the Petitioner required to take part in. It is submitted by the counsel for the Petitioner similar reliefs on different occasions were granted to the Petitioner during month of January to February 2010 by this Court and the Sessions Court. Therefore, he be granted relief for year 2010-2011 also and he be granted reliefs for appearing in different examinations.

The applicant/ Petitioner had earlier made an application for regular bail before this Court on the ground that he had been offered admission in Institute of Management in New Delhi, therefore, he should be granted regular bail. It was submitted that he was granted interim bail in order to enable him to appear in certain examinations and he did not misuse the liberty and he should be allowed to continue his studies. This application was dismissed vide a detailed order dated 2nd March, 2010.

The facts leading to registration of FIR as given in the order dated 2nd March 2010 are as under:

The allegation against the Petitioner is that on 18.4.2009, he committed rape on the person of a woman, whom he had invited at his residence in Maharani Bagh, New Delhi on the pretext of having lunch with her. According to the prosecutrix, after sending his servants away on the pretext of bringing food, the Petitioner, forced himself upon the prosecutrix. He took no mercy on her despite her screaming and kicking him up. He assaulted and injured the complainant, besides threatening to punch her face locking her up and raping her for 24 hours. He also claimed that he had a video of the incident and would put it on air. Even after committing rape, the Petitioner kept on sending messages to the prosecutrix, inviting her to meet him.

From the application of the Petitioner and the arguments heard by me, it is apparent that effort of the Petitioner is that since he has been denied regular bail, he should remain on interim bail. It is clear from the prayer of the Petitioner to seek interim bail for IELTS exam. IELTS is an English language test marks of which are considered only by foreign universities. The marks of this examination are not considered by Indian universities for any course much less MBA course. Moreover, once this examination is undertaken, the marks are valid for a period of two years. The other examination which the Petitioner wants to take are the entrance exams of different institutes holding MBA Course. The Petitioner is intentionally taking exams of all institutes knowing full well that he cannot take admission as all these exams are valid only for regular course. The Petitioner''s bail application for undertaking a regular course was dismissed by this Court on 2nd March, 2010 and this Court vide order dated 7th December 2010 had made it clear that the Petitioner cannot take this exam as an excuse for seeking bail or for pursuing regular course despite being a jail inmate. It was observed by this Court that whenever he chooses to study as correspondence student, he may be at liberty to do so. It is learnt by this Court that for undertaking studies in MBA course by correspondence no exam is necessary and only payment of fee is necessary. The Petitioner despite being showing desire to do MBA course since 2009 has not taken admission in any correspondence course rather he made similar applications for taking examination last year and got interim bail for these exams and now this year again he has given a list of various exams which he wants to take for MBA admission and has sought interim bail for these exams. I consider that this liberty cannot be given to the applicant/ Petitioner that when regular bail is denied, the Petitioner becomes smart and wants to remain on interim bail on one or the other pretext taking entrance exams of various institutes knowing fully well that unless he was out on bail he could join any of the courses.

I, therefore, consider that the Petitioner is not entitled for interim bail for taking these competitive exams. The application is hereby dismissed