JUDGEMENT
A.P. Sahi, J. -
(1.) THESE bail applications display the naked existence of rampant corruption that prevails, and thrives as a joint venture of bureaucratic and private enterprise - - that which ensures security of public employment through dubious methods. The accused applicants are being tried on charges of cheating, deception and corrupt methods in order to allure the victims to get themselves declared successful in the Teacher Eligibility Test (TET) 2011 which in turn would open the gates for guaranteed employment. The inter -woven conspiracy, with its hidden strings, trying to deceive the public at large is alleged to be the foundation of this story that has dwindled the fate of many lives. The purse of "black wealth" appears to have ruthlessly prevailed resulting in a rich harvest, that was unfortunately to the disadvantage of the accused, intercepted and reaped by an alert police effort disclosing a racket that has sent the victims and the public shocking, still unable to recover from its after effect. The huge cash -flow, which may appear to be a rivulet as compared to the rivers of corruption at the national level known as scams, confirms what Juvenal (A.D. 60 - A.D. 130) said in his Satires - "Everything in Rome - at a Price". The flood of money that prima facie appears to have gushed in stole away the conscience of the accused who may have sold off their souls and settled with the proceeds. The recovery of not less than a crore, in cash, is enough smoke to describe the fire. The collection of such a huge amount, at least that which has been caught, appears to be the undivided effort of a sinister group engaged in dark business, like the ants who unite their mouths to carry away an elephant.
(2.) ALL these bail applications relate to Case Crime No. 675 of 2011. Since the applicants have been charged commonly under Section 420 read with Section 120 -B IPC with additional sections under the Prevention of Anti Corruption Act the facts relating to their allegations are being narrated separately.
Rail Application No. 9052 of 2012 and 9055 of 2012 Sanjay Mohan v. State of U.P.
The applicant Sanjay Mohan is proposed to be tried for offences under Section 420 read with Section 120 -B I.P.C. coupled with Section 7/13(1)(d) of the Prevention of Corruption Act, 1988, Police Station Kotwali, District - Ramabai Nagar.
(3.) THE allegations broadly are that the applicant while holding office as Director of the Secondary Education, Government of Uttar Pradesh and Chairman, U.P. Board of Intermediate and High School Examinations, had conspired to unlawfully accept money from candidates for declaring them successful in the T.E.T. Examinations conducted in November, 2011. The cash is alleged to have been collected through the co -accused in the name of the applicant which was recovered after a vehicle of the make of Tata Ventura bearing Registration No. U.P. 83 T/2326, was intercepted by the Police on 31st of December, 2011 at about 2.45 p.m. and a huge recovery of Rs. 86,76,000/ - was made from the persons seated inside the said vehicle, namely, Vinay Singh. Ratan Kumar, Amrendra Kumar Jaiswal (accused in Bail Application No. 11640 of 2012), Deshraj Singh Parihar and Ashok Misra, The said recovery is recorded in the memo that gave rise to the registration of the F.I.R. in which two other persons, Manish Chaturvedi and Madhav Singh (accused in Bail Application No. 30502 of 2012), are also named. The recovery from these five persons is stated as follows:
(1) Vinay Singh S/O Malkhan Singh
Rs. 8,00,000/ -
Samsung Touch Screen
List of 163 Students/Candidates
Admit Card of Smt. Sangeeta Srivastava
Enrollment No. 16034587.
(2) Ratan Kumar
Rs. 51,00,000/ -
Samsung Mobile
List of 80 Students/Candidates
(3) Amrendra Kumar Jaiswal
Rs. 27,73,000/ -
Nokia Mobile
List of 30 Students/Candidates
(4) Deshraj Singh Parihar
Spice Mobile
(5) Ashok Mishra (Driver)
Samsung Mobile
Recovery: [Total Rs. 35,000/ -];
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.