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Bombay High CourtABA/2474/2021allowed

Pratham Deore v. The State Of Maharashtra And ANR

2021-10-21Hon'Ble Shri Justice Virendrasingh Gyansingh Bisht3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2474 OF 2021 Pratham Deore ...

Applicant

Versus

The State of Maharashtra and Anr.

...

Respondents Ms. Gayatri Gokhale a/w Zainba Abdi i/b Rizwan Merchant and Associates, for the Applicant.

Mr. H. J. Dedhia, APP for the State.

CORAM : V. G. BISHT, J.

DATE : 21st October, 2021.

PC:

The applicant has preferred the present application under Section 438 of the Code of Criminal Procedure seeking transit anticipatory bail for a period of two weeks or until he procures an order of protection from arrest from the Special CBI Court in Delhi whichever is earlier on such terms and conditions as this Court deems fit. Heard Ms. Gayatri Gokhale, learned Counsel for the applicant and Mr. H. J. Dedhia, learned APP for the State.

Rekha Patil 1/3

The applicant is apprehending arrest in C.R.No. RC DAI-2021-A0033 registered by CBI ACB Delhi for the offences under Sections 120-B r/w 419, 420, 467, 468, 471 of the Indian Penal Code, 1860 and Sections 65, 66C, 66D of the Information Technology (Amendment) Act 2008.

Learned Counsel for the applicant submits that the applicant is a medical aspirant, studying for the entrance examination. The applicant was shocked to learn that there are allegations against him pertaining to FIR bearing No. RC DAI-2021-A-0033 dated 12/09/2021 for the aforesaid offences registered by the CBI, ACB Delhi in relation to manipulating the examination practice/procedure conducted by NEET (National Eligibility cum Entrance Exam) by using proxy candidates against persons known and unknown. According to learned Counsel, at the relevant time the applicant was suffering from viral infection and as he was scared of being Covid positive, he got himself quarantined. Despite that the notice was received by the applicant from the respondent-officers. Hence, the application. Keeping in mind the age of the applicant and having regard to the nature of the accusation, in my considered opinion, without assessing Rekha Patil 2/3

and analyzing the merits of the case, the applicant can be granted temporary relief with a view to approach the competent Court. Hence, the following order.

ORDER

(i) In the event of arrest of applicant in connection with C.R.No. RC DAI-2021-A-0033 registered by CBI ACB Delhi, the applicant be released on bail on his executing PR bond in the sum of Rs.25,000/-.

(ii) This protection is granted for a period of four weeks from today with a view to enable the applicant to approach appropriate Court in order to seek the appropriate reliefs; (iii) Anticipatory Bail Application No. 2474 of 2021 stands disposed of.

REKHA PRAKASH PATIL (V. G. BISHT, J.) by REKHA PRAKASH PATIL Date: 2021.10.21 16:19:05 +0530 Rekha Patil 3/3