Vivek Kumar Arya vs Central Bureau Of Investigation

The petitioner has filed this 5th repeat application u/S. 439 of Cr.P.C. for grant of bail after rejection of earlier ones on merits by order dated 06/11/2019 in Mcrc. 43132/2019 with liberty to come again after examination of further PWs or if the trial gets further delayed, whichever is earlier..

The petitioner has been arrested on 16/08/2018 in connection with Crime No.259/09 registered in relation to the offences punishable u/Ss. 419, 420, 467, 468, 471, 120-B IPC and Sec. 3D(1) (2)/4 of the M.P. Recognized Examination Act, 1937.

Learned counsel for the CBI 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 bail is made out.

New ground raised is granting bail to the similarly placed co-accused candidate Surendra Singh by the Apex court by order dated After hearing learned counsel for rival parties, we do not see any reason to take a different view than the one taken by the Apex court.

In view of above and considering the fact that the petitioner is a candidate who has suffered one year and five months incarceration and that early conclusion of the trial is a bleak possibility and prolonged pre-trial detention being an anathema to the concept of liberty and the material placed on record does not discloses possibility of petitioner fleeing from justice, this Court is inclined to extend the benefit of bail to the petitioner.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the petitioner-Vivek Kumar Arya be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with two solvent sureties each of Rs.25,000/- to the satisfaction of the concerned Trial Court.

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

The petitioner will comply with all the terms and conditions of the bond executed by him;

The petitioner will cooperate in the investigation/trial, as the case may be;

The petitioner 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;

The petitioner shall not commit an offence similar to the offence of which he is accused;

The petitioner will not seek unnecessary adjournments during the trial; and

The petitioner will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance.