Manoj Joshi vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Manoj Joshi, is in judicial custody in Case Crime No.351 of 2022, under Section 420, 467, 468, 471, 409, 120-B IPC and under Section 9/10 of the U.P. Public Examination (Prevention of Unfair Means) Act, 1998, Police Station Raipur, District Dehradun. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

Snatak Level Examination was conducted in the State of Uttarakhand. A complaints were received that the examination paper was leaked prior to the examination. The allegations against the applicant are that he memorised the questions to some of the candidates, particularly, Vipin Negi and some signed cheques of Vipin Negi were recovered from the house of the applicant.

Learned counsel for the applicant would submit that the recovery is totally false. In another case crime with regard to the use of unfair means on 23.07.2022, the applicant was arrested and his house was searched on 28.07.2022. At that time, nothing was recovered from that recovery. Subsequently, in the instant case, the applicant was arrested on 25.08.2022. The search was shown to have been made from his on 10.09.2023 and then the recovery was planted of cheques etc. Learned counsel would also submit that, in fact, the main accused Rajesh Kumar Chauhan, who was given the role of initial leak of the paper, has already been granted bail and another co-accused has also been granted bail.

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 proceedings.

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.

Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.

The bail application is allowed.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.