SANJAY KISHORE Vs. STATE OF U P

JUDGEMENT

(1.) This is the second bail application.

(2.) I have heard Shri Syed Farman Ahmad Naqvi on behalf of applicant and learned AGA for the State.

(3.) According to the allegations contained in the First Information Report, the applicant was arrested in a raid conducted at Sagar ITI. It is alleged that the applicant and other persons were engaged in solving the question paper of an ongoing examination. The examination paper, mobile phones, study material along with written as well as blank answer sheets were recovered from the spot. It has been submitted that the applicant who was the Nodal Officer of Government and Private ITIs of the District-Bulandshahar, was only required to handover the sealed packets containing the question papers of the All India Trade Test, July, 2015 in the various centres. The applicant delivered the seal envelop containing the question papers to the Centre Superintendent of Shiv Charan Inter College at 1.45 p.m. and he also took custody of the answer sheets at 6.00 p.m. It is alleged that the applicant was detained on 06.08.2015 allegedly at 3.25 p.m., which is not possible since he has signed various registers at 6.00 p.m.; the Joint Director of Prashikshan/Shishikshu, Meerut-Saharanpur Mandal, Meerut has submitted a report, after enquiry, that in fact the applicant was arrested from the residence of the District Magistrate where he had been called; even the Nodal Principal has submitted a report regarding the false implication of the applicant.