IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN PENAL CODE Bail Application No.3839/2006 & Crl. M (B) No.1888/2006 Date of Decision : November 01, 2006 Rajeev Dutt Sharma ..... Petitioner Through: Mr. M.N. Krishnamani, Sr. Advocate with Mr. Anil Karnwal & Dr. Sushil Balwada for the petitioner. Versus State ..... Respondent Through: Mr. Sunil K. Kapoor for the respondent. S.N. AGGARWAL, J. (ORAL) Crl.M.A. No. 11743/2006 (Exemption) Exemption is granted subject to all just exceptions. Bail Appln. No. 3839/2006 & Crl. M (B) No. 1888/2006 1. The petitioner seeks anticipatory bail in case under Section 120-B/468/471/420 IPC registered against him and his other co-accused persons vide FIR No.278/2006 with Police Station Civil Lines. 2 Notice. Mr. Sunil K. Kapoor, APP for the state accepts notice of this application on behalf of the respondent. 3 This application seeking anticipatory bail is opposed tooth and nail by the learned APP for the State. As per prosecution case, the Special Team, Crime Branch had busted a big acket involved in a scam of fraudulently providing various types of degrees both technical as well as non technical to the students. It is contended that the students were awarded final year degrees despite he fact that they never studied in the universities of which the mark sheets as a proof of their being students of those universities were used. The modus operandi of the gang was that they have established connection with various universities i.e. Vinayaka, Rajasthan Vidya Peeth etc., study centers and universities of Chattisgarh i.e. UTS, Doon International and Netaji Subhash Chandra Bose. The universities of Chattisgarh about 100 in numbers came in existence in 2002-2003. In February, 2005 those universities were declared ultra-vires by the Hon'ble Apex Court but the bonafide students who had undergone regular studies for various courses in those universities were allowed migration to other universities and their mark sheets were also validated for the purpose of migration. This is as per case of the prosecution. The debarred universities taking advantage of the protection granted to the bonafide students by the Supreme Court started giving mark sheets to even those students who never studied in the debarred universities and this was done for handsome consideration. On the strength of such mark sheets the students were admitted in various existing universities who were part of this conspiracy. The examination of those students were conducted at the mercy of the consultants without following any norms or rules making a mockery of education system. It is alleged that the nexus is between study centers, agents and consultants of debarred universities as well as existing universities allowing admission and providing degrees. It is contended that over 50000 fake degrees have been issued by the gang involved in the racket busted by the Crime Branch of Delhi Police. 4 The petitioner's co-accused Dhiraj Kakkar was arrested and he in his disclosure statement named the petitioner as a member of the gang involved in the racket of issuing fake degrees through `Xel Informatics' from various study centers. During the course of investigation, the Investigating Officer also recorded the statement of one of the students Deepak Sharma to whom fake degree was allegedly issued and he in his statement also named the petitioner as the person who had forwarded four students to Rajasthan Vidyapeeth University on the basis of fake mark sheet of Anna Technological University, Raipur, Chattisgarh and had demanded Rs.20,000/- per student and had taken Rs.50,000/- as advance. As per statement of student Deepak Sharma, the petitioner had sent fake mark sheet to those four students through FAX. The students realizing that the mark sheets given to them were fake asked for return of their money which was allegedly not returned by the petitioner. 5 The learned senior counsel appearing on behalf of the petitioner has argued that the petitioner has not been named in the FIR. He has further argued that the petitioner has done his MBA and is employed as Manager with M/s Cyber Shoppe Pvt. Ltd. w.e.f. 01.09.2005. The learned senior counsel further submits that the petitioner is ready to co-operate with the investigation and may be subjected to any condition while granting anticipatory bail to him. 6 I am sorry, I could not persuade myself to agree with the submissions made by the learned senior counsel for the petitioner in view of the gravity of the allegations brought to the notice of the court. The contention of the learned APP for the State that custodial interrogation of the petitioner is required is not without substance in the peculiar facts and circumstances of the case as stated hereinabove. This is not a case for admitting the petitioner to anticipatory bail and hence his instant application is dismissed. SD./- S.N. AGGARWAL,J

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