Excelsior Correspondent
Srinagar, Mar 4: The Principal Sessions Judge has granted bail to Assistant Sub-Inspector (ASI) J&K Police and others in leakage of question papers relating to selection of Sub Inspector posts in the police.
The accused ASI Ashok Kumar has been granted bail by the Principal Sessions Judge Jammu presided over by Sanjay Parihar. The court said, though the other applicant and Ashok Kumar, all are accused of conspiracy, however, the conduct of Ashok Kumar in the given facts is clearly distinguishable. “In that background petitioners have made out a case for grant of bail. Therefore, in exercise of powers vested in this court the petitioners are admitted to bail subject to the conditions which are already laid by the Trial Court”, Sessions Court said.
Court admitted them to bail subject to satisfaction and conditions as laid by the Trial Court and said copy of the order shall be conveyed to the Trial Magistrate for information and compliance. During the course of hearing, it was pointed out by advocate Asheesh Singh Kotwal representing the petitioner that co-accused Ashok Kumar was a police officer and while dismissing his bail application the High Court had observed that it was unbecoming of a police officer to have participated in such a criminal conspiracy.
He, therefore, submitted that not only Ashok Kumar was involved in two cases but being a police officer that circumstances prevailed against him and resulted in the dismissal of his bail application by the Apex Court.
Advocate Kotwal submitted that after the petitioners were bailed out, except the CBl placing on record the copy of order passed in Ashok Kumar’s case no motion was laid by the latter for cancellation of bail of the petitioners, which suffice the petitioner’s claim that they had not violated any of the conditions of bail.
The applicants are facing trial in RCO042022A0008 registered by CBI/ACB Jammu on the strength of a communication received from the Government evidencing thereby that they along with co-accused are involved in heinous crime of leakage of question papers relating to written examination of Sub Inspector Posts in J&K Police that were required to be filled by SSRB J&K.
The Government had received reliable information that certain officials of the SSRB along with M/S Merittrac Services Pvt. Ltd. had caused gross irregularities in the conduct of written examinations in the manner that question papers were leaked, sold to the aspiring candidates. The involvement of aforesaid petitioners surfaced who were engaged in the conspiracy of extracting question paper after selling it to the aspiring candidates against the hefty amounts.
The investigation was conducted and 24 accused persons stand arrested who were subsequently prosecuted by way of charge sheet for offence Under Sections 420,120-B,411,408, 201 IPC, for which charge sheet is pending in the Court of Ld. CJM Jammu.
The petitioners who were sometimes back admitted to interim bail by the Chief Judicial Magistrate Jammu in terms of various orders and subsequently during currency of said interim bail, the Trial Court was apprised that one of the accused Ashok Kumar who was a police official his bail application had been rejected by the Supreme Court in terms of order dated 13.12.2023 and SLP filed by him came to be dismissed.
On the strength of that order of the Apex Court the Trial Court has declined to extend the interim bail of the petitioners and remanded them back to custody. Thereafter, by taking re-course to S. 439 Cr.P.C. applications have been laid before this Court tor enlargement of petitioners on bail.
“On the face of it the petitioners are accused of offence Under Section 120-B r/w 420, 408, 411, 201 IPC. So given the nature of offence committed by them there is no legal impediment in grant of bail to the petitioners”, Court observed.
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