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Synopsis

The Allahabad High Court recently denied anticipatory bail to a man accused in Uttar Pradesh Police SI Recruitment 2020-21 cheating case.

The bench of Justice Karunesh Singh Pawar opined that prima facie the case against applicant Atul Yadav did not appear false.

The judge orally observed that the applicant remained absconding for two years and it was only when his co-accused got regular bail, he moved the court for anticipatory bail. 

Refusing to grant him any relief, the judge orally remarked that the applicant could seek only a regular bail at a later stage. 

Accused Atul Yadav moved the high court by filing an application under Section 438 CrPc for anticipatory bail. 

The prosecution case was that that eleven persons including the applicant were candidate for selection process held by U.P. Police Recruitment Board, for the post of Sub-Inspector in 2021.

As per a report in Amar Ujala, when physical examination and checking of records was being done in the police line on May 7, 2022, co-accused Ritesh had taken photo copies of educational documents.

When Ritesh failed to submit original documents, he was ousted from the recruitment process. 

On this he filed a petition in Allahabad High Court. On May 16, an order came that the candidates should be included in the selection process on the basis of photocopies of the certificates.

After this, on December 13, Ritesh came appeared before the recruitment board and informed about not getting the appointment. He told that he had submitted his original educational certificates to Ajay Chauhan.

According to the recruitment board officer, during interrogation, Ritesh revealed that Ajay Chauhan's gang had asked him to deposit Rs 15 lakh to pass the examination and the remaining Rs 5 lakh were supposed to be given after appointment.

Ritesh alleged that gang was demanding Rs 3.5 lakh in return for returning his original documents.

Only after this, the layers of the gang's misdeeds started coming to light.

Initially, three accused Ritesh, Ajay Chauhan and Brijit Singh were arrested. 

Later it also came to light that although 160 questions in the examination had to be answered in two hours, accused Ritesh Kumar, who was a candidate from an online examination center in Gorakhpur, gave correct answers to 158 questions in just 27 minutes and 18 seconds.

This was revealed in the review of the candidate's Candidate Response Log (CRL) and Candidate Exam Day Performance Report.

During investigation in the matter, complicity of Atul Yadav in aiding the candidates to pass the examination by illegal means was found.

It came to light that he had received various amounts in his bank account on different dates.

Opposing Atul Yadav's pre-arrest bail plea, the Additional Government Advocate contended that the offence committed by him was very serious as it was against general public where in a public exam, he had committed cheating and forgery. The AGA also apprised the court that documentary evidence regarding his complicity had been collected by the Investigating Officer. 

On due consideration of the submissions advanced by the AGA, court held the application for pre-arrest bail devoid of merit. Accordingly, it dismissed the same. 

Case Title: Atul Yadav v. State of UP and Another