The Delhi High Court on Friday granted anticipatory bail to a man accused in a case related to Joint Entrance Exam (Mains) paper leak in 2021. The Central Bureau of Investigation (CBI) had registered a case against several persons.
A trial court has issued a nonbailable warrant against the petitioner and a proceeding declaring him a proclaimed offender and attachment of property was pending.
The bench of Justice Anoop Kumar Mendiratta granted anticipatory bail to Ashish who was attributed the role of helping a student to memorize the questions. He has been granted anticipatory bail on furnishing a personal bond of Rs 1 lakh and one surety bond in the like amount.
Justice Mendiratta observed, "I have given considered thought to the contention raised. At the outset, it may be observed that merely because CBI has initiated the process of declaring an accused a proclaimed offender and attachment of his property under sections 82 and 83 of CrPC does not bar the consideration of the application by this court.
It cannot be ignored that the only role which has been ascribed to the petitioner is regarding helping a student to memorize the questions. Petitioner had no substantive role in respect of the alluring the parents or taking any active part at the respective centres. The evidence can be duly collected after joining the investigation by the petitioner, Justice Mendiratta observed.
The senior counsel for the petitioner submitted that no documents connected the petitioner with the flat had been seized by the investigation agency and there is no direct evidence in the shape of aspiring any students or parents or assuring them for any undue benefit in the examination. The petitioner is willing to join the investigation.
On the other hand, the counsel for CBI opposed the application saying that several incriminating documents including a list of candidates and the person who had brought the candidates to them for getting the paper cracked as well as electronic devices were seized.
The agency also stated that the accused is evading the process of law despite notice. A non-bailable warrant (NBW) had been issued against the petitioner and co-accused Sunil.
The allegation of CBI was that 3-4 candidates were allegedly given solved question paper of JEE (Mains), Session-4 hours prior to the exam and were taken to some flat in Rohini in the wee hours and were given solved paper to memorize, which came in the exam. It is alleged that the said flat was the residence of petitioner Ashish and co-accused Sunil.
It was stated by CBI that the petitioner and Sunil were operating online examination centres namely Genx online examination centres and Impulse online exam centres and allegedly had compromised various exams. (ANI)