Rajesh Sahu vs State Of Madhya Pradesh

Atul Sreedharan, J

This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 318/2020 for the

offences punishable under Sections 419, 465, 468 and 120-B of IPC and under Sections 66C and 66D of IT Act, 2008 registered at Police

StationHarrai District-Chhindwara.

The applicant is in judicial custody since 27.10.2020 in the aforementioned case. He is the Director of Om Sai Samarth College of Commerce and

Computer Sciences, Harrai. The allegations against him is that he along with co-accused Mahendra Markam, who is working as Computer Operator

and Lab Technician at Government College, Harrai is stated to have deprived 374 students of their admission.

Undisputedly, the main allegations is against co-accused Mahendra Markam, who is stated to have changed the mobile numbers of the 374 applicants

and given the number of applicant herein. Resultantly, when the applicants tried to carry out the online registration, the OTP, which were to be sent to

their respective mobiles, were all sent to the mobile of the applicant Rajesh Sahu. Under the circumstances, they could not complete their registration

and therefore, the applications were rejected.

Learned counsel for the State while opposing the application for grant of bail has referred to the statement of witness Lamu Kashia in order to show

that besides the statement of co-accused and his own 27 memorandum, independent evidence exits to implicate the applicant herein.

Lamu Kashia is the Assistant Professor in Sociology at the Government College at Harrai. This witness has stated that the applicant gave the

inducement to the co-accused Mahendra Markam, that he would get Rs. 500/- per student, who takes admission in his private college and therefore, in

order to ensure that the students who are applying in the Government College, their applications would get rejected, deliberately changed the mobile

numbers of the students given in the application form to that of the applicant herein, so that whenever the students try to register himself, the OTP

would go to the mobile of the applicant herein and not the students, which would prevent them from completing their registration in the Government

College resulting in the rejection of their application and perforce compel to take admission in the college of the applicant. The statement of this

witness prima facie discloses that the information received by him is hearsay, the witness does not say that he ever saw the applicant and the co-

accused Mahendra Markam meeting or conspiring or he himself heard them while doing so and therefore, prima facie does not inspire confidence.The

other piece of evidence is the 27 memorandum of the co-accused Mahendra Markam and that of the applicant himself. Besides that, prima facie,

there exist no other evidence against the applicant.

Looking at the facts and circumstances of the case and that the applicant has been in custody since 27-10-2020 and that the charge-sheet has been

filed, the application is allowed and it is directed that the applicant shall be enlarged on bail upon his furnishing a personal bond in the sum of

Rs.50,000/- (Fifty Thousand Only) with one surety in the like amount to the satisfaction of the learned trial court.

The jail authorities shall have the applicant checked by the jail doctor to ensure that he is not suffering from the coronavirus and if he is, he shall be

sent to the nearest hospital designated by the state for treatment. If not, he shall be transported to his place of residence by the jail authorities.

C.C. as per rules.