SUNIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition filed under Sec. 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of regular bail in FIR No. 05 of 2022, dtd. 7/5/2022, registered at Police Station CID Bharari, District Shimla, H.P. under Ss. 420 and 201 read with Sec. 34 of the Indian Penal Code.

(2.) The petitioner has been arrested on 23/7/2022 with regard to the FIR mentioned hereinabove and the allegation against him is that he played an active role in the leakage of the question papers of the written examination with regard to the recruitment process to the post of Constables and Drivers, which was undertaken by the Police Department in the State held on 27/3/2022. As per the prosecution, the bail petitioner was in touch with other accused. He sent the typed question papers to other accused through his WhatsApp, and in lieu thereof, he received an amount of Rs.50,000.00. Further allegation against the petitioner is that he was in touch with many of the accused in the case and he took certain candidates to his Flat in Zirakpur (Punjab) where leaked question paper was brought to the knowledge of the candidates.

(3.) Learned Counsel for the petitioner has argued that the petitioner is innocent and he has been falsely implicated in the case. Learned Counsel has submitted that otherwise also, as the investigation is complete and challan already stands filed in the Court of law, therefore, now the custody of the petitioner is not serving any purpose, and in these circumstances, the petitioner be released on bail by imposing such reasonable conditions as the Court deems fit.