SHIVANI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking the pre-arrest bail. It is asserted that the police have registered an FIR No. 13 of 2023, dtd. 28/7/2023 against the petitioner for the commission of offences punishable under Ss. 12, 13(1)(a) read with Sec. 13(2) of the Prevention of Corruption Act, 1998 and Ss. 420, 409 and 120-B of IPC in State Vigilance and Anti Corruption Bureau, Hamirpur, District Hamirpur, H.P. The petitioner is innocent and she was falsely implicated. The petitioner is pursuing her studies of M.A. (English) from Indira Gandhi National Open University and she has appeared as a candidate for the post of Junior Office Assistant (IT), conducted by the HP Service Selection Board, Hamirpur. Several persons were arrested and released on bail. The result of the examination undertaken by the petitioner was not declared. The petitioner was found in the contact list of Smt. Uma Azad, who was posted as Senior Assistant in HP Subordinate Selection Board, Hamirpur. The petitioner joined the investigation thrice and disclosed all the facts. The petitioner is distantly related to Uma Azad and that is why her name was found in the contact list. The petitioner has nothing to do with the commission of the offence. No recovery is to be effected from the petitioner. She would abide by all the terms and conditions, which may be imposed by the Court. Hence, it was prayed that the present petition be allowed and the petitioner be released on pre-arrest bail.

(2.) The petition was opposed by filing a status report, asserting that an FIR No. 4/2022 was registered on 23/12/2022 in the Police Station State Vigilance and Anti Corruption Bureau, Hamirpur regarding the leakage of the question paper of Junior Office Assistant (IT). The police conducted the inquiry and found that Uma Azad, posted as Senior Assistant in Examination (Secrecy) Branch was appointed as Assistant Coordinator for Sub Division, Hamirpur. She had not disclosed that her close relative Shivani (present petitioner) was appearing in the examination. Uma Azad revealed on inquiry that she had revealed the question paper to her niece, who secured the first position in her respective category. The petitioner had secured the first position in connivance with Uma Azad. The police registered the FIR against the petitioner. It was found during the investigation that the petitioner is the niece of Uma Azad, who had disclosed the question paper to the petitioner. The petitioner was a candidate in New Gurukul School, Pakka Baroh and Uma Azad was the Assistant Coordinator of Hamirpur. She had not furnished a 'No Relation Certificate'. The petitioner had attempted 156 questions and left 14 questions un-attempted. She secured 120 marks. The petitioner was asked to solve the question paper and she answered 134 questions correctly. The questions were asked from the petitioner but she did not answer those questions. Questions Nos. 18, 33, 35, 52 and 105 did not have the correct options. Hence, grace marks were awarded in respect of these questions. The answers given by the petitioner tallied with the answer key, which shows that the petitioner had read the question paper and secured the first position. The petitioner is to be interrogated. Hence, it was prayed that the present petition be dismissed.

(3.) I have heard Mr. Anubhav Chopra, learned counsel for the petitioner and Mr Jitender Sharma, learned Additional Advocate General for the respondent/State.