HIGH COURT OF CHATTISGARH AT BILASPUR
Misc Criminal Case No 2302 of 2008
Balchand Bharti
...Petitioners
Versus
State of Chhattisgarh
...Respondents
{Application under Section 439 of the Code of Criminal
Procedure, 1973}
! Mr. Shailendra Dubey, counsel for the applicant
^ Mr. Kishore Bhaduri, Additional Advocate General with
Mr. Avinash K. Mishra, Panel Lawyer for the State
Honble Mr. T.P. Sharma, J
Dated:03/02/2009
: Judgment
ORDER
(Passed on 3rd February, 2009)
1. The applicant has filed this application under Section
439 of the Cr.P.C. for grant of regular bail, as he is in
custody in connection with Crime No.91/2008, registered at
Police Station Bamhanidih, Distt. Janjgir-Champa, for offence
punishable under Sections 420, 467, 468, 471, 120B of the
I.P.C. & Section 4 of the Pariksha Adhiniyam (Recognized
Examination) Act.
2. I have heard learned counsel for the parties and perused
the case diary.
3. This is the second bail application filed on behalf of
the applicant under Section 439 of the Cr.P.C. after
dismissal of the first bail application on merits vide order
dated 24-9-2008 passed by this Court in M.Cr.C.No.1635/2008.
4. Learned counsel for the applicant submits that the
applicant is in custody since 25-8-2008 in connection with
the offence punishable under Sections 420, 467, 468, 471,
120B of the I.P.C. & Section 4 of the Pariksha Adhiniyam
(Recognized Examination) Act. The applicant was working as
Assistant Centre Incharge posted at Examination Centre Birra,
Centre No.24189 and he was required to discharge the duties
of Centre Incharge in absence of the Centre Incharge or to
discharge the duties as assigned to him by the Centre
Incharge. This case is relating to preparation of fake &
forged answer books in the name of one Porabai who appeared
in the examination from the alleged Birra Centre where the
applicant was working as Assistant Centre Incharge. Learned
counsel further submits that it was not the duty of the
applicant to supply question papers & answer books, to
collect answer books, to seal and to send the same to the
Police Station or Coordination Centre or to any centre for
their valuation or to receive the same after valuation. The
applicant has not dealt with the question papers or answer
books of the alleged Birra Centre in any manner, simply he
was posted as Assistant Centre Incharge at Birra Examination
Centre where according to the case of the prosecution, the
alleged scam was committed. He has been made accused and he
is in custody since 25-8-2008. Learned counsel also submits
that one of the co-accused namely, S.L. Tiwari, Centre
Incharge of another Centre Bamhanidih, Centre No.24141, from
where the alleged set of answer books were said to be stolen
and have been used for preparation of alleged fake answer
books, has been granted anticipatory bail by this Court. He
further submits that this is an application under Section 439
of the Cr.P.C. Case of the present applicant is not only
similar to the case of S.L. Tiwari but rather it is stronger
than the case of S.L. Tiwari who was granted anticipatory
bail.
5. On the other hand, learned counsel appearing on behalf
of State opposes the bail application and submits that this
case is related to the known Porabai scandal in which Porabai
appeared in the examination form Birra Centre where the
applicant was working as Assistant Centre Incharge. She
appeared in Hindi, English, Physics, Chemistry & Biology
subjects on different dates and according to the record of
the centre, answer book Nos.83333, 9906201, 9906325, 21257 &
9886394, respectively, have been provided to her on different
dates to answer the questions, but instead of answering in
the aforesaid answer books, different answer books bearing
Nos.60325, 60327, 60409, 60410 & 60411, respectively were
found, the same have been checked and she stood first in the
merit list. A detailed inquiry has been made by the
Education Department and Mr. P.K. Pandey has conducted
inquiry in which he found that the officers & employees of
Birra Centre & Bamhanidih Centre have entered into conspiracy
and in furtherance of that conspiracy, 1,000 answer books
bearing serial Nos.60001 to 61000 were taken out from
Bamhanidih Centre, Centre No.24141, out of those answer
books, answer books bearing Nos.60325, 60327, 60409, 60410 &
60411 have been used in the name of Porabai by some person
and the seal of Birra Centre has been affixed on those answer
books, they were finally sent to the Police Station in sealed
condition along with other answer books and the same were
evaluated by the evaluating officer.
6. This is a mega scandal of education sector. Confidence
of public, especially the confidence of labourious students
is being marred by such incidents. This type of incidents
creates doubt on their merit. Charge sheet has already been
filed in this case. Enquiry report and the statement Mr.
P.K. Pandey who has conducted enquiry shows involvement of
the present applicant in the crime in question. Statements
of Gyaneshwar Pandey, Rajendra Yadav & Bhuneshwar Sahu also
show involvement of the present applicant who was working as
Assistant Centre Incharge and who had involved in mass
copying. The applicant was posted as Assistant Centre
Incharge and he was required to assist the Centre Incharge in
discharge of his duty. This is not a case of casual incident
of copying in any one paper or relating to one or two
questions. This is a case of copying of six papers on
different dates by getting the answer books from another
centre in which answers have not been written by the
candidate herself, but by some other person. Statements of
Mr. P.K. Pandey, Bhuneshwar Sahu, Gyaneshwar Pandey &
Rajendra Yadav show involvement of the present applicant who
had also played active role in the conspiracy. Presence of
the applicant in the centre premises and his association in
the conduction of the examination cannot be ruled out.
7. Other co-accused S.L. Tiwari who was granted
anticipatory bail was not working in Birra Centre, he was
working in Bamhanidih Centre and according to the case of the
prosecution, 1,000 answer books which were allotted to
Bamhanidih Centre were not found in Bamhanidih Centre and out
of 1,000 answer books, six answer books had been used as the
answer books of Porabai. The case of S.L. Tiwari is not
similar to the case of the present applicant who is directly
involved in this mega scandal.
8. Taking into consideration the seriousness of offence and
pious duty of conduction of examination, I do not find any
change in the circumstances after rejection of the first bail
application, in other words, I do not find any case for grant
of bail to the applicant. Consequently, the second bail
application filed on behalf of the applicant is dismissed.
9. The prosecution has filed charge sheet and some of the
accused persons have been shown to be absconding. The Court
below is directed to expedite the trial after invoking the
provisions of Sections 82, 83 & 299 of the Code of Criminal
Procedure, 1973.
JUDGE