LAWS(ALL)-2010-2-167

DINESH KUMAR RAI Vs. STATE OF U.P.

Decided On February 16, 2010
Dinesh Kumar Rai Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) APPLICANT - Dinesh Kumar Rai seeks bail in Case Crime No. 415 of 2009, under Sections 3/5/9 of the U.P. Public Examination (Prevention of Unfair Means) Act 1998, under Section 7/13(1)(d) of Prevention of Corruption Act and under Section 420 IPC, Police Station Civil Lines, District Allahabad. Heard learned counsel for the applicant and learned A.G.A. and perused the material placed on record.

(2.) AS per prosecution allegation, the applicant was arrested alongwith co-accused Devendra Kumar Pandey on 20.9.2009 at about 1.05 p.m. and from his possession certain amount of money is alleged to have been recovered which is claimed by the applicant of himself. His complicity as a participant in the crime somehow based on his confessional statement before the police wherein he has stated that he has obtained Rs.20, 000/- from the candidates for supplying answer sheets to them.

(3.) THE bail is, however, opposed by the learned A.G.A. and contended that it is an organized crime effecting the social fabric. Now these days corruption in the public offices is becoming rampant, thus keeping in view of the aforesaid facts and circumstances of the case, in the event applicant is allowed to be released on bail, there is every likelihood of his fleeing away from the judicial process and tamper the prosecution evidence, consequently the present application for the consideration of bail prayer is liable to be rejected at this stage.