Arshay Aazam v. State of Madhya Pradesh
In the High Court of Madhya Pradesh
M.Cr.C. 2234/2015
Before Chief Justice A.M. Khanwilkar and Justice R.S. Jha
Decided on February 26, 2015

Relevancy of the Case: Bail application in a VYAPAM scam case

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 65, 66)
• The MP Recognised Examination Act, 1937 (Section 1, 2, 3D, 4)
• The Code of Criminal Procedure, 1973 (Section 438)
• The Indian Penal Code, 1860 (Section 120B, 420, 467, 468, 471)

Relevant Facts of the Case

• The applicant is a resident of Uttar Pradesh and studies MBBS at Kanpur University. Despite this fact, he registered himself for the entrance test conducted by VYAPAM.
• He was allegedly acting as a scorer in the exam.
• He submitted his wrong address to VYAPAM. Therefore, the police authorities were not able to serve notice. After the detailed investigation, the police found the correct address and served the notice.
• The applicant seeks anticipatory bail through this petition.

Opinion of the Bench

• The answers of the petitioner and the candidates seated around him in the exam are similar.
• There is a prima facie case against the petitioner.
• Custodial interrogation is necessary to discover more facts and evidence.

Final Decision

• The court dismissed the application.