Gaurav Negi vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Gaurav Negi is in judicial custody in FIR No.351 of 2022, under Sections 420, 467, 468, 471, 120-B IPC and Section 9/10 of the U.P. Public Examinations (Prevention of Unfair Means) Act, 1988, Police Station Raipur, District Dehradun. He has sought his release on bail.

Heard learned counsel for the applicant and perused the record.

Snatak Level Examination was conducted in the State of Uttarakahnd. Complaints were received that the examination paper was leaked prior to the examination. The allegations against the applicant that he received money in his account from the candidates, particularly, from Chandrakant Bamola and Ravindra Sharma. The money was received by the applicant on 26.09.2021 and 27.09.2021.

Learned counsel for the applicant would submit that according to the prosecution, the applicant conspired with co-accused Manoj Joshi, but he would submit that co-accused Manoj Joshi has already been granted bail. It is also argued that as per prosecution, one co-accused had memorised the answers to the candidates, but he has also been granted bail; applicant has no mens rea. According to the prosecution, the co-accused simply introduced the applicant to some persons and some money was deposited in the account of the applicant. It does not make him complicit with the offence. It is also argued that from the possession of co-accused, Manoj Joshi, a cheque was allegedly recovered.

On the other hand, learned counsel for the informant as well as learned State Counsel would submit that the candidates have deposited money in the account of the applicant.

It is a stage of bail. Much of the discussion is not expected of. Arguments are being appreciated with the caveat that any observation made in this order shall have no bearing at any subsequent stage of the trial, or in any other proceeding.

It is true that co-accused Manoj Joshi has already been granted bail by this Court in BA1 No.59 of 2023, from whom, according to the prosecution, a cheque was received. In Para 6, the Court has recorded about the cheque as follows:-

“6. Factual aspects qua recovery are not in dispute. It is not in dispute that earlier on 28.07.2022 the house of the applicant was searched and nothing was recovered. It is also admitted that the co-accused Rajesh has already been granted bail.”

It is the case of the prosecution that the candidates deposited money in the account of the applicant. The candidates Chandrakant Bamola and Ravindra Sharma, in their statements to the Investigating Officer, have stated that money was transferred in the account of the applicant. The co-accused had introduced the applicant to the candidates. At this stage, this Court cannot conclusively draw any conclusion. At this stage, the nature of offence, its complicity. Its extent, gravity of offence, its ramification, are some of the factors that have to be examined. Admittedly on 26.09.2021 and 27.09.2021, Rs. 2,60,000/- were deposited from the account of candidates Chandrakant Bamola and Ravindra Sharma. What is interesting to note is that on 25.09.2021, in the account of the applicant, there were only Rs. 155/-. When on 26.09.2021, Rs. 1,60,000/- were deposited in the account of the applicant, next date, i.e. on 27.09.2021, consecutively, three withdrawls of Rs. 20,000/- were made by the applicant, which means that he was conscious that he received money. Why did he receive money from the candidates? Why was he introduced to the candidates by the co-accused? These and many more questions would filed scrutiny during investigation or trial, as the case may be.

Having considered the entirety of facts, this Court is of the view that it is not a case fit for bail. Accordingly, the bail application deserves to be rejected.

The bail application is rejected.