N. M. Shrivastav vs Central Bureau Of Investigation Cbi

NEUTRAL CITATION NO. 2026:MPHC-JBP:34769
1 MCRC-59194-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE B. P. SHARMA
th
ON THE 4 OF MAY, 2026
MISC. CRIMINAL CASE No. 59194 of 2025
N. M. SHRIVASTAV
Versus
CENTRAL BUREAU OF INVESTIGATION CBI
Appearance:
Shri Ajay Gupta - Sr. Advocate with Ms. Malvika Tiwari- Advocate
for the petitioner.
Shri Vikram Singh- Advocate for respondent/CBI.
ORDER
Per: Justice B.P. Sharma:
This petition under Section 482 of the Code of Criminal Procedure,
1973 / Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has
been preferred by the applicant seeking permission to travel abroad,
specifically to the United States of America, for a limited duration in order to
visit his family.
2. The applicant is a senior citizen aged about 75 years, a retired
Joint Director of the Department of Medical Education, Government of
Madhya Pradesh, residing in Bhopal along with his wife. His son is settled in
Austin, Texas, U.S.A., where a child has recently been born, being the grand-
daughter of the applicant.
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 12-05-2026
10:21:23

NEUTRAL CITATION NO. 2026:MPHC-JBP:34769
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3. The applicant has been arrayed as an accused in connection with

Crime No. RC 2172015 A0025 arising out of the Vyapam Scam cases,
wherein allegations pertain to irregularities in admissions in private medical
colleges during the year 2012. The offences alleged include Sections 420,
467, 468, 471 & 120-B of IPC, provisions of the Information Technology
Act, Prevention of Corruption Act, and the M.P. Recognized Examination
Act.
4. The applicant was granted bail by this Court vide order dated
16.03.2018 subject to conditions including deposit of passport.
Subsequently, by order dated 17.04.2025, this Court permitted release of the
passport for renewal and granted liberty to the applicant to apply for visa and
thereafter seek permission to travel abroad before the Trial Court. Pursuant
thereto, the applicant obtained renewal of passport and was granted visa by
the United States authorities. Thereafter, the applicant filed an application
before the Trial Court seeking permission to travel abroad for a short
duration of approximately three months to meet and care for his son and
newly born grand-daughter. However, the learned Trial Court rejected the
said application vide order dated 14.11.2025 primarily on the ground that the
applicant is facing trial in a serious criminal case and there exists
apprehension of absconding.
5. Learned Counsel for the petitioner has submitted that the
impugned order passed by the Trial Court is arbitrary, mechanical and fails
to appreciate the settled legal position regarding the right to travel abroad. It
is contended that the applicant is a senior citizen of advanced age, having
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 12-05-2026
10:21:23

NEUTRAL CITATION NO. 2026:MPHC-JBP:34769
3 MCRC-59194-2025
deep roots in society, permanent residence at Bhopal, and no past conduct

indicating any attempt to evade the process of law.
6. It is further submitted that the applicant has been on bail since the
year 2018 and has scrupulously complied with all conditions imposed by this
Court. There has not been a single allegation of misuse of liberty or non-
cooperation with the trial proceedings. It is argued that the trial itself has
been pending for more than a decade and there is no likelihood of early
conclusion, and therefore, the applicant cannot be indefinitely deprived of his
fundamental rights.
7. Learned counsel has placed strong reliance upon the judgment of
the Hon’ble Supreme Court in the case of Maneka Gandhi v. Union of India
AIR 1978 SC 597. It is further submitted that in the present case, the purpose
of travel is bona fide, limited in duration, and rooted in compelling familial
circumstances, mainly to visit the applicant’s son and newly born grand-
daughter. It is argued that adequate safeguards, including furnishing of
security, can sufficiently address any apprehension of absconding.
8. Per contra, learned counsel appearing for the respondent-CBI has
opposed the petition and has relied upon the reply filed before this Court and
contended that the applicant is facing serious charges involving large-scale
irregularities in admissions, conspiracy, corruption, and the role attributed to
the applicant is central in nature. As per the contentions of the respondent,
the investigation has revealed that the applicant, while serving as Joint
Director of DME, facilitated illegal admissions by delaying counselling
schedules, ignoring warnings regarding irregularities, and endorsing
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 12-05-2026
10:21:23

NEUTRAL CITATION NO. 2026:MPHC-JBP:34769
4 MCRC-59194-2025
fraudulent admission lists submitted by private medical colleges without

proper verification. It is further alleged that such actions enabled enrollment
of ineligible candidates and amounted to active participation in the
conspiracy.
9. It is further submitted that merely because the applicant is a
resident of Bhopal or possesses immovable property does not eliminate the
risk of absconding, particularly when he seeks permission to travel abroad
beyond the jurisdiction of Indian courts. The respondent has specifically
contended that once the applicant leaves the country, the control of the Court
over his presence diminishes significantly and there exists a real
apprehension that he may not return. It is therefore, prayed that the petition
be dismissed.
10. This Court has given thoughtful consideration to the rival
submissions and has carefully perused the record, including the orders passed
by the Trial Court and the material placed on record.
11. The applicant is facing trial in connection with serious offences
arising out of the Vyapam Scam cases involving allegations of conspiracy,
corruption, illegal admissions, forgery and abuse of official position while
serving as Joint Director, Directorate of Medical Education. As reflected
from the record, the allegations against the applicant are grave in nature and
pertain to deliberate facilitation of illegal admissions in private medical
colleges by ignoring mandatory procedures and permitting admission of
ineligible candidates. The respondent has specifically alleged active
involvement of the applicant in furtherance of the conspiracy.
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 12-05-2026
10:21:23

NEUTRAL CITATION NO. 2026:MPHC-JBP:34769
5 MCRC-59194-2025
12. This Court also finds substance in the objection raised by the

respondent that once the applicant is permitted to leave the country, securing
his presence during trial may become difficult. Merely because the applicant
is a permanent resident of Bhopal or possesses properties in India cannot
completely rule out the possibility of evasion of the process of law,
particularly when serious criminal allegations are pending against him,
inspite of that no property details have been filed by the petitioner.
13. Though reliance has been placed by the applicant upon the
judgment of the Hon’ble Supreme Court in the case of Satish Chandra Verma
vs. Union of India and Ors 2019 SCC Online SC 2048, the said judgment
was rendered in peculiar facts where no criminal prosecution of the present
nature was involved. The facts of the present case stand on an entirely
different footing inasmuch as the applicant herein is facing trial in a serious
criminal case involving allegations having wide public ramifications.
Therefore, the said judgment does not advance the case of the applicant in
the peculiar facts and circumstances of the present matter.
14. This Court further finds that except the desire to visit his son and
newly born grand-daughter residing in the United States, no compelling or
unavoidable circumstance has been demonstrated by the applicant warranting
grant of permission to travel abroad. The grounds urged by the applicant,
though understandable on personal considerations, cannot outweigh the
seriousness of allegations and the larger interest of administration of criminal
justice.
15. Considering the gravity of accusations, the apprehension
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 12-05-2026
10:21:23

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expressed by the respondent, and the absence of any sufficient and

compelling reason necessitating foreign travel, this Court is not inclined to
exercise its inherent jurisdiction in favour of the applicant.
16. The order passed by the learned Trial Court rejecting the
application for permission to travel abroad does not suffer from any
illegality, perversity or jurisdictional error warranting interference by this
Court.
17. Accordingly, the present petition being devoid of merits is
hereby dismissed.
(ANAND PATHAK)
(B. P. SHARMA)
JUDGE
JUDGE
PG

Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 12-05-2026
10:21:23