ASHISH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This is an application under Sec. 438 Cr.PC filed on behalf of the petitioner seeking grant of anticipatory bail in case No. RC-DAI-2021-A-0032 registered under Ss. 420/467/120-B IPC read with Sec. 66D of the IT Act.

(2.) In brief, as per the case of prosecution, on the basis of source information, the present FIR/RC was registered, wherein it was stated that National Testing Agency (NTA), an autonomous testing organization is entrusted by the Government of India with the task of conducting free and fair examinations for admission to premier higher education institutions. One of such examinations is Joint Entrance Examination (Mains) conducted for admission to Undergraduate Engineering Programs (B.E/B. Tech). The fourth session of JEE (Mains), 2021 in Computer Based Test (CBT) was conducted on 26th, 27th, 31st August and 1st and 2/9/2021 at different centers located in major cities throughout the country and abroad.

(3.) Learned senior counsel for the petitioner submits that no documents whatsoever connecting the petitioner with the flat had been seized by the investigating agency and there is no direct evidence in the shape of aspiring any students or parents of the student or assuring them for any undue benefit in the examination. The alleged recovery of incriminating material is stated to be not connected with the petitioner. It is also submitted that the petitioner is willing to join the investigation and has clean past antecedents.