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2018 DIGILAW 1048 (JHR)

Vikram Das v. State of Jharkhand through C. B. I.

2018-05-10

ANANT BIJAY SINGH

body2018
ORDER : All these applications are heard together and disposed of by this common order as both the cases arising out of same case i.e. R.C. 10(A)/2012-R, registered under Section 201, 409, 467, 468, 471, 474, 477A read with Sections 34, 109 and 120 B of the IPC and Section 13(2) 13(1)(d) of the P.C. Act. A.B.A.No. 5637 of 2017 2. Five petitioners are apprehending their arrest in connection with R.C. 10(A)/2012-R registered under Sections 201, 409, 467, 468, 471, 474, 477A read with Sections 34, 109 and 120 B of the IPC and Section 13(2) 13(1)(d) of the Prevention of Corruption Act. 3. It appears that six petitioners have preferred this anticipatory bail application for granting their anticipatory bail, but during pendency of this application petitioner no.5, namely, Sanjay Kumar Munda has been arrested, hence his name has been deleted vide order dated 9/1/2018. 4.The present case has been registered on the basis of a direction given by the Hon'ble Jharkhand High Court while hearing WP(PIL) No.3594/11 (Budhdeo Oraon Vs. State of Jharkhand & Ors.) and other related petition, vide order dated 14.06.2012 directed the C.B.I to take up investigation of Vigilance P.S case No.11/2011 dated 26.04.2011 registered under Section 201, 409, 467, 468, 471, 474, 477A read with Sections 34, 109 and 120 B of the IPC and Section 13(2) 13(1)(d) of the Prevention of Corruption Act and other cases pertaining to JPSC Scam pending with Vigilance Bureau, Jharkhand. Said case at the Vigilance Bureau, Jharkahd was registered against Dilip Kumar Prasad, Gopal Prasad Singh, Dr. Shanti Devi, Shri Radha Goving Singh Nagesh, all Members, Jharkhand Public Service Commission, Ranchi and Smt. Alice Usha Rani, the then Examination Controller, Jharkhand Public Service Commission on the allegation that they entered into criminal conspiracy among themselves and by abusing their respective official positions adopted dishonest and fraudulent means in the selection of Assistant Engineers and Junior Engineers to extend undue benefit to their preferred candidates. 5. Investigation further reveals that these petitioners had appeared for the appointment for the post of Junior Engineer (Civil) and (Mechanical) and the interview was conducted on 14.05.2007 &23.05.2007 and 11.05.2007 & 12.05.2007 respectively. Investigation further disclosed that there are cutting/overwriting in the Assessment Charts. Investigation further disclosed that apart from manipulating the Assessment Chart, the date on which final merit list was prepared was also manipulated by the accused persons, namely, Dr. Investigation further disclosed that there are cutting/overwriting in the Assessment Charts. Investigation further disclosed that apart from manipulating the Assessment Chart, the date on which final merit list was prepared was also manipulated by the accused persons, namely, Dr. Dilip Kumar Prasad,Dr. Gopal Prasad Singh, Radha Govind Singh Nagesh. Marks were given by the members of the interview board, Dr. Dilip Kumar Prasad,Dr. Gopal Prasad Singh, Radha Govind Singh Nagesh or any other member of the commission was not authorized to make any change on its own. 6.Investigation further disclosed that in the interview held for the post of Junior Engineer marks on the Assessment Charts were dishonestly altered leading to selection of the candidates, Vikram Das (petitioner no.1), Basant Kumar Mandal, (petitioner no.2), Sujeet Kumar Singh (petitioner No.3), Dhankeshwar Nayak (petitioner no.4), Birendra Karmali(petitioner no.5) Amit Kumar Singh, Chandan Kumar, Dhananjay Kumar, Manoj Kumar, Sanjay Kumar Munda, Rajendra Munda, Vinod Kr. Tigga. 7.During investigation, alterations or other manipulations in the marks mentioned on the Assessment Chart and Data has been corroborated by the Experts from the Documents Division of the Directorate of Forensic Science, Gandhinagar (Gujarat). 8.Interview further disclosed that the above mentioned candidates did not qualify to be selected as Junior Engineer on the basis of actual marks awarded to them in the interview. But, Dr. Dilip Kumar Prasad,Dr. Gopal Prasad Singh, Radha Govind Singh Nagesh, the then Member, JPSC entered into a criminal conspiracy with the above mentioned candidates and in pursuance thereof Dr. Dilip Kumar Prasad,Dr. Gopal Prasad Singh, Radha Govind Singh Nagesh by abusing their respective official position extended undue favour to Vikram Das (petitioner no.1), Basant Kumar Mandal, (petitioner no.2), Sujeet Kumar Singh (petitioner No.3), Dhankeshwar Nayak (petitioner no.4), Birendra Karmali(petitioner no.5) Amit Kumar Singh, Chandan Kumar, Dhananjay Kumar, Manoj Kumar, Sanjay Kumar Munda, Rajendra Munda, Vinod Kr. Tigga in their selection as Junior Engineer by manipulating the actual marks awarded to them on the assessment charts prepared during the interview. A.B.A.No. 5726 of 2017 9. Six petitioners are apprehending their arrest in connection with R.C. 10(A)/2012-R registered under Sections 201, 409, 467, 468, 471, 474, 477A read with Sections 34, 109 and 120 B of the IPC and Section 13(2) 13(1)(d) of the Prevention of Corruption Act. 10. A.B.A.No. 5726 of 2017 9. Six petitioners are apprehending their arrest in connection with R.C. 10(A)/2012-R registered under Sections 201, 409, 467, 468, 471, 474, 477A read with Sections 34, 109 and 120 B of the IPC and Section 13(2) 13(1)(d) of the Prevention of Corruption Act. 10. The present case has been registered on the basis of a direction given by the Hon'ble Jharkhand High Court while hearing WP(PIL) No.3594/11 (Budhdeo Oraon Vs. State of Jharkhand & Ors.) and other related petition, vide order dated 14.06.2012 directed the C.B.I to take up investigation of Vigilance P.S case No.11/2011 dated 26.04.2011 registered under Section 201, 409, 467, 468, 471, 474, 477A read with Sections 34, 109 and 120 B of the IPC and Section 13(2) 13(1)(d) of the Prevention of Corruption Act and other cases pertaining to JPSC Scam pending with Vigilance Bureau, Jharkhand. Said case at the Vigilance Bureau, Jharkahd was registered against Dilip Kumar Prasad, Gopal Prasad Singh, Dr. Shanti Devi, Shri Radha Goving Singh Nagesh, all Members, Jharkhand Public Service Commission, Ranchi and Smt. Alice Usha Rani, the then Examination Controller, Jharkhand Public Service Commission on the allegation that they entered into criminal conspiracy among themselves and by abusing their respective official positions adopted dishonest and fraudulent means in the selection of Assistant Engineers and Junior Engineers to extend undue benefit to their preferred candidates. 11. Investigation further reveals that these petitioners had appeared for the appointment for the post of Junior Engineer (Civil) and (Mechanical) and the interview was conducted on 14.05.2007 &23.05.2007 and 11.05.2007 & 12.05.2007 respectively. Investigation further disclosed that there are cutting/overwriting in the Assessment Charts. Investigation further disclosed that apart from manipulating the Assessment Chart, the date on which final merit list was prepared was also manipulated by the accused persons, namely, Dr. Dilip Kumar Prasad,Dr. Gopal Prasad Singh, Radha Govind Singh Nagesh. Marks were given by the members of the interview board, Dr. Dilip Kumar Prasad, Dr. Gopal Prasad Singh, Radha Govind Singh Nagesh or any other member of the commission was not authorized to make any change on its own. 12. Investigation further disclosed that in the interview held for the post of Junior Engineer marks on the Assessment Charts were dishonestly altered leading to selection of the candidates, Vinod Kr. Dilip Kumar Prasad, Dr. Gopal Prasad Singh, Radha Govind Singh Nagesh or any other member of the commission was not authorized to make any change on its own. 12. Investigation further disclosed that in the interview held for the post of Junior Engineer marks on the Assessment Charts were dishonestly altered leading to selection of the candidates, Vinod Kr. Tigga(petitioner no.1), Rajendra Munda (petitioner no.2), Manoj Kumar (Petitioner no.3), Amit Kumar Singh (petitioner no.4), Dhananjay Kumar (petitioner no.5), Chandan Kumar (petitioner no.6), Vikram Das, Basant Kumar Mandal, Sujeet Kumar Singh, Dhankeshwar Nayak, Birendra Karmali, Sanjay Kumar Munda. 13. During investigation, alterations or other manipulations in the marks mentioned on the Assessment Chart and Data has been corroborated by the Experts from the Documents Division of the Directorate of Forensic Science, Gandhinagar (Gujarat). 14. Interview further disclosed that the above mentioned candidates did not qualify to be selected as Junior Engineer on the basis of actual marks awarded to them in the interview. But, Dr. Dilip Kumar Prasad,Dr. Gopal Prasad Singh, Radha Govind Singh Nagesh, the then Member, JPSC entered into a criminal conspiracy with the above mentioned candidates and in pursuance thereof Dr. Dilip Kumar Prasad,Dr. Gopal Prasad Singh, Radha Govind Singh Nagesh by abusing their respective official position extended undue favour to Vikram Das (petitioner no.1), Basant Kumar Mandal, (petitioner no.2), Sujeet Kumar Singh (petitioner No.3), Dhankeshwar Nayak (petitioner no.4), Birendra Karmali(petitioner no.5) Amit Kumar Singh, Chandan Kumar, Dhananjay Kumar, Manoj Kumar, Sanjay Kumar Munda, Rajendra Munda, Vinod Kr. Tigga in their selection as Junior Engineer by manipulating the actual marks awarded to them on the assessment charts prepared during the interview. A.B.A.No. 5660 of 2017 15. Three petitioners are apprehending their arrest in connection with R.C. 10(A)/2012-R registered under Sections 201, 409, 467, 468, 471, 474, 477A read with Sections 34, 109 and 120 B of the IPC and Section 13(2) 13(1)(d) of the Prevention of Corruption Act. 16. The present case has been registered on the basis of a direction given by the Hon'ble Jharkhand High Court while hearing WP(PIL) No.3594/11 (Budhdeo Oraon Vs. 16. The present case has been registered on the basis of a direction given by the Hon'ble Jharkhand High Court while hearing WP(PIL) No.3594/11 (Budhdeo Oraon Vs. State of Jharkhand & Ors.) and other related petition, vide order dated 14.06.2012 directed the C.B.I to take up investigation of Vigilance P.S case No.11/2011 dated 26.04.2011 registered under Section 201, 409, 467, 468, 471, 474, 477A read with Sections 34, 109 and 120 B of the IPC and Section 13(2) 13(1)(d) of the Prevention of Corruption Act and other cases pertaining to JPSC Scam pending with Vigilance Bureau, Jharkhand. Said case at the Vigilance Bureau, Jharkahd was registered against Dilip Kumar Prasad, Gopal Prasad Singh, Dr. Shanti Devi, Shri Radha Goving Singh Nagesh, all Members, Jharkhand Public Service Commission, Ranchi and Smt. Alice Usha Rani, the then Examination Controller, Jharkhand Public Service Commission on the allegation that they entered into criminal conspiracy among themselves and by abusing their respective official positions adopted dishonest and fraudulent means in the selection of Assistant Engineers and Junior Engineers to extend undue benefit to their preferred candidates. 17. Investigation further disclosed that there were four separate boards for conducting the interview. The same were headed by Dr. Dilip Kumar Prasad, Dr. Shanti Devi, Dr. Gopal Prasad Singh, and shri Radha Govind Singh Nagesh. Apart from the chairman, subject experts and departmental experts representing the concerned departments were also in the interview board. During interview each member including the chairman were provided with blank assessment charts to be filled separately after assessing the candidates. But, in almost all the cases it was found that all the members including chairman of the board have signed on a single assessment chart. 18. Investigation further disclosed that in the assessment charts of Assistant Engineer (Civil) prepared in the boards headed by Shri Radha Govind Singh Nagesh there were cutting/overwriting and 03 candidates, namely, Ravindra Kumar Khalko (0172065), Mani Ram Munda(0172686) and Rajiv Ranjan (0173196) were considered for selection after enhancing their marks in the interview by manipulation. Submissions 19. Learned counsel for the petitioners while making submission has submitted that final form has been submitted in this case and during investigation, these petitioners have fully co-operated in the investigation and they were never arrested by the C.B.I. 20. Submissions 19. Learned counsel for the petitioners while making submission has submitted that final form has been submitted in this case and during investigation, these petitioners have fully co-operated in the investigation and they were never arrested by the C.B.I. 20. Further, there is no allegation against these petitioners that they are tries to influence the members of the board or making manipulation in the assessment chart. 21. Further, submitted that petitioners have already been suspended and a departmental proceeding initiated against them and the petitioners are ready to abide all the terms and conditions that may be imposed by this Hon'ble Court. 22. Learned counsel for the C.B.I has opposed the prayer for bail of these petitioners and produced a copy of the order passed in ABA No.347/2015 and its analogous cases in connection with RC06(A)/2013-AHD-R, in which anticipatory bail application of similarly situated persons have already been rejected by a Coordinate Bench of this Court. A counter affidavit has also been filed on behalf of the C.B.I. 23. Having heard the learned counsel for the parties and after going through the records, final form, material collected by the C.B.I. against the petitioners and also the fact that final form has been submitted in this case, trial will take some time and during investigation, these petitioners have fully co-operated in the investigation and they were never arrested by the C.B.I. 24. In the facts and circumstances of the case, I am inclined to admit these petitioners on anticipatory bail. In the facts and circumstances of the case, I am inclined to admit these petitioners on anticipatory bail. The above named petitioners are directed to surrender in the court below latest by 25.06.2018 and in the event of their arrest or surrender, the court below shall release them on bail on their furnishing bail bond of Rs.25,000/- (twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Judicial Commissioner, Ranchi-cum-Special Judge, CBI, Ranchi, in connection with R.C.10(A)/2012-R, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Subject to further conditions are as follows:- The petitioners, who are Junior Engineers, namely, Vikram Das, Basant Kumar Mandal, Sujeet Kumar Singh, Dhankeshwar Nayak, Birendra Karmali, Vinod Kumar Tigga, Rajendra Munda, Manoj Kumar Singh, Amit Kumar Singh, Dhananjay Kumar, Chandan Kumar shall deposit Rs.8,000/- and the petitioners who are Assistant Engineer, namely, Rajiv Ranjan, Mani Ram Munda, Ravindra Kumar Khalkho shall deposit Rs.9,000/- by way of cost in the account of Jharkhand Juvenile Justice Fund being A/c No.37344984625, SBI, Hatia Branch, which has been constituted under Section 105 of the Juvenile Justice (Care and Protection of Children), latest by 12.06.2018 and will submit a receipt of the same before the court below at the time of surrender. One of the bailors must be a local resident of Ranchi district. Further, petitioners are directed to give undertaking through their Parvikar that they shall physically appear on each and every date before the trial court till framing of charge and if they want exemption from appearance, they will inform the CBI in advance and after taking necessary permission from Special Court, CBI, they may be exempted from personal appearance. The petitioners shall not try to influence the prosecution witnesses during trial. The petitioners shall deposit their passport, if any, before the trial court. If the petitioners fail to do so, as directed by this Court, the CBI shall file an application for cancellation of their bail before this Court. 25. Let a copy of this order be communicated to the trial court as well as Member Secretary, JHALSA, Ranchi and also a copy of this order be handed over to the learned standing counsel for the C.B.I.