STATE TIMES NEWS
JAMMU: Justice Rajesh Sekhri rejected the bail applications of two main conspirators Yatin Yadav and Pardeep Kumar, who leaked the question paper of J&K Police Sub Inspector Recruitment Exam conducted by Service Selection Board.
The facts of the case are that the Government of J&K through Deputy Secretary, GAD, directed investigation into allegations of irregularities in written examination for the posts of Sub Inspector in the J&K Police conducted by J&K Services Selection Board (JKSSB), through CBI, on the basis of report of Enquiry Committee constituted by the Government.
The stand of the Government is that report of Enquiry Committee prima facie reveals criminal conspiracy amongst officials of JKSSB, M/s Merit Trac, Bengaluru, beneficiary candidates and other accused persons causing gross irregularities in the conduct of written examination.
Consequently, FIR No: RC0042022A0008-CBI/ACM/JAMMU came to be registered under Section 120-B IPC read with Section 420 IPC against officials of J&KSSB, M/s Merit Trac, Bengaluru, beneficiary candidates and other accused persons on 03.08.2022. The investigation culminated into filing of final report in terms of Section 173 Cr.P.C. on 12.11.2022 against 33 accused persons, some unknown private persons, officials of M/s Merittrac Services Private Ltd. and officials of JKSSB in the court of learned Chief Judicial Magistrate, (CJM), Jammu. It is pertinent to mention that role of each accused has been delineated in the charge sheet. The investigating agency has concluded that the accused have committed offences punishable under Sections 420-B IPC read with Sections 420, 411, 408, and 201 IPC.
Justice Rajesh Sekhri after hearing both the sides observed that the charge sheet can be said to be complete, if it enables the court to apply its mind and satisfy itself, whether on the basis of the charge sheet and the material filed along with the police report, envisaged under Section 173 of Cr.P.C., a case for taking cognizance is made out or not. It is the completion of investigation, relating to offences against the charge sheeted accused, which is material for the purpose of determining whether accused is entitled to the grant of statutory bail or not. The investigation and charge sheet with respect to coordinated conspiracy amongst the petitioners and co-accused, who have been charge sheeted, with respect to leakage of question papers is complete. It has nothing to do with other facts of the case regarding allegation of irregularity in award of contract by JKSSB to M/s Merittrac and delegation of work of setting up of question papers by the said company.
Since petitioners in the present case came to be arrested on 19.09.2022 and charge sheet was laid on 12.11.2022 i.e. within the statutory period of 60 days, therefore, benefit of “Statutory Bail” in terms of Section 167 (2) Cr.P.C. cannot be extended to them.
A Rewari resident, Yatin Yadav, had allegedly leaked the question paper with the help of an employee of a printing press in Okhla.
Yadav allegedly used illicit services of touts based in Jammu and Kashmir, including constables of the J&K Police and the Central Reserve Police Force (CRPF), for luring candidates who were charged anything between Rs 20 lakh and Rs 30 lakh approximately for the paper, they said.
The candidates were allegedly taken to Karnal in Haryana in vehicles provided by CRPF constable Surender Singh and a question paper was provided to them at a hotel there, the CBI said, adding that the leaked question paper was also allegedly provided to the candidates in Jammu.