SURENDRA SINGH, J. - (1.) APPLICANT - Dinesh Kumar Rai seeks bail in Case Crime No. 415 of 2009, under Sections 3/5/9 of the U.P. Public Examination (Prevention of Unfair Means) Act 1998, under Section 7/13(1)(d) of Prevention of Corruption Act and under Section 420 IPC, Police Station Civil Lines, District Allahabad. Heard learned counsel for the applicant and learned A.G.A. and perused the material placed on record.
(2.) AS per prosecution allegation, the applicant was arrested alongwith co-accused Devendra Kumar Pandey on 20.9.2009 at about 1.05 p.m. and from his possession certain amount of money is alleged to have been recovered which is claimed by the applicant of himself. His complicity as a participant in the crime somehow based on his confessional statement before the police wherein he has stated that he has obtained Rs.20, 000/- from the candidates for supplying answer sheets to them. Submissions have been made on behalf of the applicant that the applicant is an Assistant Teacher in Dr. K.P. Jaiswal Inter College having reputation as a Teacher and during the aforesaid exam, he was in the duty as Invigilator at 10.00 a.m. to 12.00 p.m. on 20.9.2009. He further submits that the applicant is alleged to have been arrested in the busy market but none of the independent witness have supported the prosecution story. He further submits that there has been no recovery of any solved or unsolved papers or answer sheets whatsoever from his possession rather he has got no concern with the present incident. Relying upon the Supreme Court decision in Subhash Vs. State of Gujarat reported in 2002 Cri. L.J. 2787 (Supreme Court) in the absence of any evidence that the accused applicant has obtained for himself or for any other person any amount as a public servant in exercise of his official function further demolishes the prosecution case and the provisions of Prevention of Corruption Act are not attracted. He further submits that the applicant is in jail since 20.9.2007 and has got no criminal history to his credit. Moreover, there are scanty chances of his fleeing away from the judicial process and tampering the prosecution witnesses.
(3.) THE bail is, however, opposed by the learned A.G.A. and contended that it is an organized crime effecting the social fabric. Now these days corruption in the public offices is becoming rampant, thus keeping in view of the aforesaid facts and circumstances of the case, in the event applicant is allowed to be released on bail, there is every likelihood of his fleeing away from the judicial process and tamper the prosecution evidence, consequently the present application for the consideration of bail prayer is liable to be rejected at this stage.;