Asheesh Massey vs Union Of India

This is first bail application filed under Section 439 of the Cr.P.C. for grant of bail. Applicant Asheesh Massey was arrested on 14/02/2019 in

connection with Crime No.RC2222018A0001 registered by CBI for the offence punishable under Sections 120B, 420, 467, 468, 471 of the IPC and

Section 13(2)(D) read with Section (1)(D) of the Prevention of Corruption Act.

As per the prosecution case on receipt of a complaint from Shri S.S. Sandhu, Additional Secretary and Chief Vigilance Officer, Department of Higher

Education, Ministry of Human Resource Development that a large number of students, around 1800, who did not appear and write in the examinations

conducted by the National Institute of Open Schooling (which shall be referred hereinafter as ""€ÂÅ"NIOS""€Â) for class X and XII at the

three examination centers namely Sehore, Ratlam and Umaria of Madhya Pradesh, were declared as passed by NIOS. For this purpose, forgery and

manipulations were committed in the attendance sheets of the examination centers, answer sheets etc. of the students. It is further alleged that

unknown officials of NIOS, certain students of Secondary and Higher Secondary classes and unknown private persons conspired with each other and

in pursuance of the said conspiracy, managed to get pass the absent/failed students in the examinations of Class X and XII, conducted in the month of

April, 2017 by manipulation of official records/answer sheets. On that after preliminary enquiry CBI registered Crime No.RC2222018A0001 for the

offence punishable under Sections 120B, 420, 467, 468, 471 of the IPC and Section 13(2)(D) read with Section (1)(D) of the Prevention of Corruption

Act and investigated the matter.

During investigation it was found that the applicant got about 1819 admission form, both online as well as offline, submitted at NIOS office. NIOS had

allotted examination centre of those 1819 students as Jawahar Navodhya Vidhyala, Umariya, Jawahar Navodaya Vidhalaya, Sehore and Kendriya

Vidhyalaya, Ratlam. The examination of the secondary class was conducted during the period 30/03/2017 to 26/04/2017 and the examination for the

senior secondary class was conducted during the period 03/04/2017 to 27/04/2017. Only 88 students appeared in the said examination centres. Hence,

answer sheets of only these students along with a copy of the attendance sheet were forwarded to NIOS, Guwahati, where the evaluation of the

answer sheets was carried out. Out of the 587 students enrolled for the secondary class examination at the above mentioned three examination

centers, 560 students passed the examination as against the actual attendance/appearance of only 60 students. Similarly, out of 1232 students enrolled

for the senior secondary class examination at the aforesaid three examination centers, 1098 students passed the examination as against the actual

attendance/appearance of only 28 students. The applicant in criminal conspiracy with other persons arranged the blank answer sheets and attendance

sheets and got them forged and replaced with the genuine answer sheets and attendance sheets at NIOS, Guwahati. On that CBI arrested the

applicant on 14/02/2019 and after investigation filed charge-sheet against him.

Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the offence. There is no direct evidence

on record to connect the applicant with the crime. CBI did not arrest any person, who was in-charge of the examinations centers at Sehore, Ratlam

and Umariya. Neither the CBI arrested any student who allegedly got benefit, nor he recorded the statement of any student and other concerned

person. Only on the basis of memorandum of applicant, CBI implicated the applicant in the crime. From the documents seized by the CBI during and

the statement of the prosecution witnesses recorded by the CBI during investigation, no offence is made out against the applicant. The applicant is in

custody since 14/02/2019. The charge-sheet has been filed and conclusion of trial will take time hence it is prayed that the applicant be released on

bail. In support of his contention learned counsel also placed reliance on the order passed in M.Cr.C.No.15397/2017 by this Court in the case of

Manish Gandhi Vs. State of M.P. decided on 21/12/2017.

Learned counsel for the respondent/CBI opposed the prayer and submitted that the applicant in connivance with other co-accused persons by

preparing forged answer sheets and attendance sheets managed to pass the absent/failed students in the examinations of Class X and XII, conducted

in the month of April, 2017 and took a huge monetary benefit from them. The applicant has destroyed the evidence of the case i.e. computer system,

rubber stamp and answer sheets. If the applicant is released on bail, there is possibility of his absconding or tampering with the prosecution evidence,

so he should not be released on bail.

It appears from the record that the investigation regarding applicant is over and charge-sheet has been filed. The CBI has filed the list of as many as

57 prosecution witnesses, which shows that the conclusion of trial will take time and the applicant is in custody since 14/02/2019, so without

commenting on the merits of the case, the application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in

the sum of Rs.10,00,000/- with two solvent sureties of Rs.5,00,000/- each in the like amount to the satisfaction of the concerned C.J.M/trial Court for

his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

5 . The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

C.C. on payment of usual charges.