KARNAIL SINGH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner has invoked jurisdiction of this Court under Sec. 439 of the Code of Criminal Procedure (Cr. P. C.) seeking bail in a case arising out of FIR bearing Crime No. RC0042022A0008 for offences under Ss. 201, 408, 411, 420 and 120-B IPC registered with Police Station, CBI, Jammu.

(2.) Briefly stated, the case of the prosecution is that pursuant to the decision of the Government of Jammu and Kashmir, the Central Bureau of Investigation (CBI) conducted investigation into the allegations of irregularities in written examination of Sub Inspector posts in the Jammu and Kashmir Police that was conducted by the Jammu and Kashmir Service Selection Board (for short, the J&K SSB). The aforesaid decision was taken by the Government pursuant to the report of the Enquiry Committee constituted by the Government. As per the report of the Enquiry Committee, there was a criminal conspiracy among the officials of J&K SSB, M/s Merit Trac Bengaluru, beneficiary candidates and other accused persons, as result of which, gross irregularities were committed in the conduct of written examination of Sub Inspector posts in the J&K Police. The said examination was conducted by the J&K SSB on 27/3/2022 and its result was announced on 4/6/2022. The Government of Jammu and Kashmir after receiving complaints with regard to irregularities committed in the conduct of the examination, decided to cancel the examination and transfer the investigation to the CBI on 8/7/2022. This was done pursuant to the report of the Enquiry Committee.

(3.) The summary of the investigation conducted by the CBI as contained in the charge-sheet filed by the said agency before the Chief Judicial Magistrate, Jammu, is reproduced as under: