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2024 DIGILAW 555 (ALL)

Roshan Singh v. State of U. P.

2024-02-22

MANJU RANI CHAUHAN

body2024
JUDGMENT : MANJU RANI CHAUHAN, J. 1. Rejoinder affidavit filed by learned counsel for the applicant today in the Court, is taken on record. 2. Heard Mr. Shiv Babu Dubey, learned counsel for the applicant, Mr. K.P. Pathak, learned counsel for the State and perused the material on record. 3. The instant bail application has been filed on behalf of the applicant, Roshan Singh with a prayer to release him on bail in Case Crime No. 531 of 2023, under Sections 419, 420, 467, 468, 471 I.P.C. Police Station-Kotwali Nagar, District-Banda, during pendency of trial. 4. As per the allegations in the FIR lodged by Poonam Gupta; Principal, Arya Kanya Inter College, Kotwali Nagar, Banda, when the re-examination 2018 for the post of Village Development Officer was going on in the second meeting on 26.06.2023 at about 04:20 pm, a call was received from the Control Room, Lucknow regarding examination room number 4 informing that the bio-metric of one Ranjan Gupta was found suspicious. On the aforesaid, a team was conducted for checking, in which the person sitting in place of Ranjan Gupta was found to be Roshan Singh, whose photograph and bio-metric fingerprint did not match with the admit card of the original candidate Ranjan Gupta. Information about the same was sent to the Commission conducting the examination, on the basis of which, an FIR has been lodged. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to mala fide intentions. He further submits that the FIR has been lodged after a delay of one day without giving any plausible explanation for the same. The arrest memo goes to show that the applicant was arrested on 29.06.2023, so it cannot be said that he was the person, who found sitting on 26.06.2023 in the examination centre in place of Ranjan Gupta. The offence is triable by the Magistrate. In different case crime numbers, in identical matters, the number of persons have been granted bail; one such Bail Application No. 35731 of 2023 (Saurabh Kumar vs. State of U.P. and Another) passed by the Co- ordinate Bench of this Court vide order dated 23.08.2023, copy of which has been passed on to the Court today, is kept on record. Thus, the applicant is also entitled for bail. He further submits that the applicant has no criminal history. Thus, the applicant is also entitled for bail. He further submits that the applicant has no criminal history. He is languishing in jail since 26.06.2023. In case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses. 6. Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is named in the FIR, but it has not been mentioned in the FIR that the applicant was arrested on that date. He further submits that the applicant, who was sitting in place of Ranjan Gupta, was found in the examination centre, whose photograph and bio-metric fingerprint did not match with the admit card of the original candidate; Ranjan Gupta, therefore, the information of the same was given to the Commission. On the basis of the report of Commission, the FIR has been lodge by the Principal of the College, where the examination has been conducted on 27.06.2023. He further submits that such offence has taken away the right of the meritorious students. The order as placed before the Court by which parity has been claimed, does not mention the circumstances as in the present case and the same is different case crime number. Therefore, there is sufficient evidence available on record against the applicant, hence the applicant is not entitled for bail at this stage. 7. Cases akin to the present one illustrate a troubling trend: cheating through impersonation in competitive examinations is proliferating like an epidemic, consequently exerting a detrimental impact on both society and the education system. The future of diligent and deserving students is being jeopardized by individuals engaged in such malfeasance, necessitating a firm and decisive response. These offenders must be dealt with sternly to safeguard the integrity of the examination process and uphold the principles of fairness and meritocracy. 8. During their preparation period, a student envisions and nurtures their aspirations day and night, longing for the opportunity to achieve their dreams. However, in today's sorry state of affairs, responsible agencies fail to transmit updates in due course of time, hindering their ability to apprehend imposters who undermine the integrity of the candidates. 9. 8. During their preparation period, a student envisions and nurtures their aspirations day and night, longing for the opportunity to achieve their dreams. However, in today's sorry state of affairs, responsible agencies fail to transmit updates in due course of time, hindering their ability to apprehend imposters who undermine the integrity of the candidates. 9. Students hailing from a wide array of socio-economic backgrounds face myriad hurdles in their journey to achieve their aspirations, and it is imperative that we ensure a transparent examination process as the bare minimum. It would be grossly unjust for this court to extend sympathy towards an imposter who has callously subverted the right of deserving candidates to a fair and equitable opportunity in a transparent examination process. Such actions not only undermine the integrity of the system but also erode trust in the meritocratic principles upon which it is founded. 10. Taking into account the gravity of the offense, the evidence presented, the involvement of the accused, the severity of the punishment, and the arguments put forth by the learned counsel for both parties, I discern no compelling reason to exercise my discretion in favor of the accused applicant. 11. Before concluding on this matter, it is pertinent for this Court to emphasize that it is imperative for the State Government, in collaboration with Examination Conducting Agencies/Commissions, to introduce robust and stringent measures aimed at eradicating such audacious malpractices. Such measures are essential not only to instill confidence in the state apparatus but also to inspire every candidate investing their most valuable years in the preparation of competitive examinations. 12. This Court fervently hopes and trusts that the State Government will expedite the formulation of robust guidelines, regulations, or policies aimed at quelling the rampant spread of such malpractices that have taken root within our society. Such guidelines, so formulated, may be circulated among all the Examination Conducting Agencies/ Commissions within the jurisdiction of the Government of Uttar Pradesh. 13. Let this order be communicated to the Principal Secretary (Law), U.P. Lucknow who will place it before the Hon'ble Minister, Law & Justice, U.P. Lucknow. 14. In view of the observations as made above, the bail application stands rejected. 15. Registrar (Compliance) shall communicate a copy of this order to learned Advocate General and the Principal Secretary (Law), U.P. Lucknow.