JAI CHAND THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking pre-arrest bail. It has been asserted that F.I.R. No. 11 of 2023 dtd. 28/7/2023 was registered 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 (P.C.) Act and Ss. 420, 409 and 120-B of Indian Penal Code(IPC) at Police Station Hamirpur, H.P. The petitioner was employed as a driver with the H.P.Staff Selection Commission Hamirpur, H.P. since 11/6/2019. The police asked him to become an approver to substantiate the prosecution case; however, the petitioner did not do so. Hence, he was involved in various F.I.Rs. The petitioner joined the investigation as and when called upon to do so. The petitioner would abide by all terms and conditions, which may be imposed by the Court. Hence, the present petition.

(2.) The police filed a status report asserting that an F.I.R. was lodged against the petitioner and other persons regarding the paper leak. The H.P.Staff Selection Commission, Hamirpur, H.P. (HPSSC), issued an advertisement regarding 82 posts of JOA(IT) on a contract basis. The test was conducted on 19/12/2021. 695 candidates qualified the typing test. Uma Rani @ Uma Azad was appointed to conduct the screening test. She was to furnish no relation certificate but she failed to do so. Her close relative Shivani appeared in the examination. Uma Rani disclosed the question paper to Shivani. The selection of Rama Devi is suspicious because she is the sister of the petitioner, who is employed as a driver. The petitioner was in touch with Uma Rani. Jinender Kumar, the then Secretary, HPSCC had not maintained the secrecy of the question paper, which resulted in the leakage and benefit to Shivani and Rama Devi. The police registered the F.I.R. and conducted the investigation. The police found that Shivani had attempted 156 questions and left 14 questions un-attempted. She secured 60 marks out of 85. Rama Devi secured 64.5 marks out of 85 marks. The Mobile of Ms Shivani was seized and has been sent to FSL Junga for retrieval of its data. Uma Rani had furnished no relation certificate with mala fide intention. The sister of the petitioner also appeared in the examination and had secured the 4th position. She had produced a non-functioning mobile phone to deceive the police. The petitioner is to be interrogated. Therefore, it was prayed that the present petition be dismissed.

(3.) I have heard Mr. Abhimanyu Rathor, learned counsel for the petitioner and Mr. Jitender Sharma, learned Additional Advocate General for the respondent.