Sarvesh Kumar Patel v. State of M.P.
In the High Court of Madhya Pradesh
MCRC 2258/2015
Before Justice A.M. Khanwilkar and Justice Alok Aradhe
Decided on February 27, 2015

Relevancy of the Case: Anticipatory bail application in a VYAPAM scam case

Statutes and Provisions Involved:

• The Information Technology Act, 2000 (Section 65, 66)
• The Indian Penal Code, 1860 (Section 120B, 419, 420)
• The Madhya Pradesh Recognised Examinations Act, 1937 (Section 2, 3, 4)

Relevant Facts of the Case

• The applicants are from states other than Madhya Pradesh. They took part in the VYAPAM’s pre-medical scam.
• According to the prosecution, the applicants participated in the examination as scorers in collusion with the racketeers.
• The Investigating Agency has discovered that each of these applicants had interacted with one or more middlemen/racketeers. For this outcome, they have relied on evidence gathered during the investigation against the racketeers and middlemen involved.
• This method was similar to that of corers from other states. Moreover, the scorers received seat numbers arranged in a way that they would sit next to a candidate whom they would assist in cheating the exam.

Opinion of the Bench

• The bench noted that the realignment of seat numbers is clearly evident. The answers provided are identical to previous cases of the same VYAPAM scam, which indicates complicity.

Final Decision

• The court rejected the anticipatory bail application.