In CRM-M-7773-2023-PUNJ HC- P&H HC grants bail to person accused of facilitating govt job aspirants to cheat with use of Bluetooth, GPS & Microphone
Justice Jasjit Singh Bedi Justice Jasjit Singh Bedi [17-02-2023]

Read Order: Vijender v. State of Punjab

Monika Rahar 

Chandigarh, February 20, 2023: Considering that the petitioner, a first time offender, was in custody since November, 2022 and none of the 44 prosecution witnesses had been examined so far, the Punjab and Haryana High Court has granted bail to a person accused of procuring government jobs to candidates using illegal means. 

The Bench of Justice Jasjit Singh Bedi held,  "The petitioner shall appear before the police station concerned on the first Monday of every month till the conclusion of the trial and inform in writing that he is not involved in any other crime other than the cases mentioned in this order… In addition, the petitioner (or any one on their behalf) shall prepare an FDR in the sum of Rs.50,000/- and deposit the same with the Trial Court. The same would be liable to be forfeited as per law in case of the absence of the petitioner from the trial without sufficient cause". 

The investigating agency received information that Navraj Chaudhary, Gurpreet Singh, Harwinder Singh, Jatinder Singh, Sonu Kumar and Jainpal were amongst the persons who were running coaching centres at different places in Punjab and Haryana. For different government jobs, these persons facilitated the candidates to cheat by using electronic instruments like Bluetooth, GPS, Microphone etc.

The petitioner's Counsel contended that the petitioner was not named in the FIR, rather he was nominated in the disclosure statement made by his co-accused. The Counsel added that the said co-accused trained the petitioner to use electronic devices for the purposes of dictating answers to the candidates who appeared in the exams. 

Since the petitioner was in custody since November 15, 2022 and none of the 44 witnesses were examined so far, he was entitled to the grant of bail as he was a first time offender and the case was Triable by the Court of a Magistrate.

On the other hand, the State Counsel contended that on his arrest, the petitioner disclosed that for a sum of Rs. 4,50,000/- he had procured a job using illegal means for one Naveen, a resident of Jind. He also  disclosed his connection with certain other accused. Two mobile phones, GSM Device without Sim and one pair of earbuds were recovered from the petitioner. Since the allegations against the petitioner were grave, the Counsel argued that he was not entitled to the grant of bail.

At the very outset, the Court observed that the petitioner, a first time offender, was in custody since November, 2022 and none of the 44 prosecution witnesses have been examined so far. The Bench added that the Trial of the present case was not likely to be concluded any time soon and the case was otherwise triable by the court of a Magistrate.

Allowing the petition, the Court observed, 

"The petitioner shall appear before the police station concerned on the first Monday of every month till the conclusion of the trial and inform in writing that he is not involved in any other crime other than the cases mentioned in this order". 

In addition, the Bench directed, 

"... the petitioner (or any one on their behalf) shall prepare an FDR in the sum of Rs. 50,000/- and deposit the same with the Trial Court. The same would be liable to be forfeited as per law in case of the absence of the petitioner from the trial without sufficient cause."