SUDERSHAN KUMAR GUPTA Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of this Bail Application under Sec. 498 Cr.P.C., applicant -accused is seeking bail in case FIR No. 36/2013 registered against him in Police Station, Crime Branch, Jammu, for the commission of offences punishable under Ss. 420, 471 and 120 -B RPC read with Sec. 5(2) of J & K Prevention of Corruption Act, Samvat 2006. It is contended by the petitioner that he is an educated person, having 62 years of age and he remained academician throughout his career. He further claims that due to qualification and teaching experience in the field of education, he, after his retirement, started B.Ed. College at Lakhanpur in District Kathua under the name and style of M/s. Vivekananda College of Education, Lakhanpur, Kathua. Petitioner further claims that apart from B.Ed. College, he also started ETT Institute at Kathua after getting the same duly affiliated with the Jammu and Kashmir Board of School Education, Jammu and obtaining necessary permission from the State Government. It is further contended that Joint Secretary, Legal, Kashmir Division, Jammu and Kashmir Board School Education has submitted the inquiry report to IGP, Crime Branch, Jammu alleging therein that various ETT Institutes operating in the State of Jammu and Kashmir are indulging in different mal -practices and the promoters of these Institutes have been committing violations and manipulations with regard to undertaking ETT courses in their Institutes. The petitioner further submitted that based on the inquiry report, FIR aforesaid came to be registered with the Crime Branch and investigation into the matter came to be conducted as against various ETT Institutes including the one established by the petitioner. It is submitted that the main allegation as alleged against the petitioner is that there had been certain irregularities with regard to admission made to the Institute of petitioner.

(2.) Learned counsel appearing for petitioner contends that even if the investigation conducted by the Crime Branch is taken to be correct on its face value that would only entail action against ETT Institute established by the petitioner which may include de -recognition/de -affiliation. However, the irregularities and violation of the provisions of law governing establishment of ETT Institute, as alleged, did not amount to criminal offence for which either the petitioner is required to be prosecuted or subjected to custodial interrogation. Learned counsel further submitted that on the basis of alleged irregularities the petitioner has been arrested in the aforesaid FIR.

(3.) Per contra, Mr. Khajuria, learned AAG while elaborating the irregularities and violations contended that neither registration of candidates was being done nor classes were being started in time or hostel facilities were provided to the candidates. It is alleged that the amount ranging between Rs. 45,000/ - to Rs. 80,000 was being taken from each student each year for the two year course through touts for providing them the degrees/certificates by the erring institutes which even do not fulfill the basic norms and standards laid down by the National Council for teachers Education (NCTE). It is contended that the investigation is at its initial stage and the same is being monitored by the High Court. Further, it is contended that as the allegations against the petitioner are serious in nature, he, therefore, does not deserve the concession of bail at this stage.