JUDGEMENT

Sheel Nagu, J. - (1.)ON account of difference of opinion between the Hon'ble Judges comprising the Division Bench on 24.06.2015, this case has been placed before me after obtaining administrative sanction of Hon'ble the Chief Justice under Chapter -IV Rule 11 of the M.P. High Court Rules & Orders, 2008.
(2.)LEARNED counsel for the rival parties are heard and the case diary in question is perused.
Applicant apprehends arrest in connection with offences punishable u/Ss. 419, 420, 467, 468, 471, 120 -B of IPC and Ss. 3 and 4 of the M.P. Recognized Examination Act registered as Crime No. 392/2014 at Police Station Jhansi Road, District Gwalior.

(3.)BASIC facts giving rise to the present first anticipatory bail application are that after registration of offences under Sections 419, 420, 467, 468, 471, 120 -B of IPC and Ss. 3 and 4 of the M.P. Recognized Examination Act bearing Crime No. 392/2014, Police Station Jhansi Road, Gwalior against co -accused Darshan Singh (son of the petitioner) a disclosure was made by the said co -accused under Section 27 of the Indian Evidence Act that his father (petitioner) gave a sum of Rs. 1,75,000/ - to one Gyan Singh (middle man) for arranging a Solver to appear in place of co -accused Darshan Singh in the Pre -Medical Test of 2008 conducted by the M.P. Board of Professional Examination (for brevity "VYAPAM"). On this revelation by co -accused Darshan Singh (son of the petitioner), the instant offences are registered against the petitioner. Whereas the Solver, who is said to have appeared in place of co -accused Darshan Singh in the said examination, has not yet been traced out. The applicant indisputably holds the post of Chief Municipal Officer.


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