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On behalf of petitioner No. Petitioner's counsel after taking us through the petition as well as the annexed papers, including the rejection order of the Sessions Court, argued that the petitioner has been falsely implicated in the case by fabricating a false story, as such, on taking into consideration the evidence collected by the investigating agency till today in the case diary, he has not committed any alleged offence.

Initially the petitioner was not named as an accused in the FIR and according to his information, in further investigation, neither his photographs nor handwriting on his competitive examination form of PMT and admission form were found to be mismatched.

In spite of that, he has been falsely implicated in the matter alleging that he appeared in the alleged competitive examination through a solver by making arrangement through middlemen. He further said that some of the similarly situated persons have been extended benefit of anticipatory bail in the matter, and therefore, on the ground of parity also, he deserves the same benefit and prayed to allow this petition. On the other hand, State counsel opposed the aforesaid prayer with the assistance of the case diary saying that there is prima facie evidence in the case diary collected by the investigating agency showing that the petitioner by breaking the established system of competitive examination of PMT conducted by VYAPAM did not appear himself in the examination and such examination was given on his behalf by some solver and in this regard, not only custodial interrogation of the petitioner is required, but his presence is also required to get his photographs and handwriting to compare with the form of alleged competitive examination of PMT and admission form and such exercised could be carried out only after making arrest of the petitioner.

With these submissions, he prayed for dismissal of the petition. Having heard the counsel, keeping in view the arguments advanced, we have carefully gone through the case diary and the papers placed on record along with rejection order of the Sessions Court. As such, due to the illegal activities of the persons like the petitioner, such students could not get such admission at their proper age to make their career in the medical field.

Even otherwise, in view of the evidence collected by the investigating agency, the custodial interrogation of the petitioner is necessary in the matter which could be carried out only after making the arrest of the petitioner.

We have also gone through the orders cited by the petitioner's counsel passed by the Apex Court, extending the benefit of anticipatory bail to some of the accused implicated in the alleged Scam of PMT Examination either in the present Crime or in some other Crime but it is apparent from such orders that while extending such benefit to the other accused no binding principle has been laid down in any such order and besides this, in the available circumstances, the case of the petitioner is squarely distinguishable from the case of those persons in whose favour above-mentioned orders have been passed by the Apex Court or by this Court.

Even otherwise, it is settled principle of law that the bail order or anticipatory bail order is always passed in a case taking into consideration the evidence collected by the investigating agency against the concerning accused and on that basis only, the prayer for grant of bail or anticipatory bail could be considered. So, in such premises, such orders are not helping to the petitioner.

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Don't have any friends, not 1? not even one.. View Tapas Sharma’s full profile. Equipped with a viagrausacheap.info in Visual Communication from SRM University, India; and an MA in Communication Design certified by University of Arts, London at Ravensbourne in the UK. Prior to working with the LycaGroup, Tapas interned at OgilvyOne, UK. Sarma is a restaurant & bar where food, drink and music come together in a vibrant celebration of the good things in life. Modeled after the traditional meyhanes..

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