Delhi High Court - Orders
Shyamvir Singh vs The State (Nct Of Delhi) on 22 March, 2023
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 904/2023
SHYAMVIR SINGH
..... Petitioner
Through: Dr.Rajeev Sharma and Mr.Prashant
Sharma, Advocates.
versus
THE STATE (NCT OF DELHI)
..... Respondent
Through: Mr.Mukesh Kr, APP for the State
with Inspector Virender Singh, Cyber
Cell, Cr Br.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 22.03.2023
1. The learned counsel for petitioner submits he has received the copy of status report filed by the police.
2. It is stated Computer Based Examination was conducted for selection of Constable (Executive) Male and Female for Delhi Police from 27.11.2020 to 16.12.2020 on 306 different venues across the country. The allegations are of malpractices in such examination and petitioner being a part of it.
3. The learned APP for the State refers to following paragraphs of the status report to show his role.
6.Notice u/s 91 Cr.P.C was also served to the property owner namely Satya Veer Singh rio Sikandra, Agra, UP told that he has leased out his premises to one Shyam Veer Singh and his partner Devender Kumar Dixit for running an online test center on 18.01.2017. Original rent agreement executed between Shyam Veer Singh and Satyaveer Singh was also taken into Police possession through seizure memo.
Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:23.03.2023 15:127. Notice u/s 41 (A) Cr.P.C. vide No. 5250/21 for 15.02.23 was served to Sh. Shyam Veer Singh, venue owner with subsequent reminder vides No. 62 for 20.02.23, 101 for 13.03.23. Notice u/s 41(A) Cr.P.C. was also served to partner Devender Kumar Dixit to join investigation on 13.03.23, but none of them join investigation.
8.Notice u/s 41(A) Cr.P.C. was served upon all the 44 withheld candidates, who did not reply as per their click-by click, out of them 02 candidates told that their paper was solved through online malpractice. Out of those two Candidates, one candidate Yashpal S/o Preetam Singh, Roll No. 3001327890 told that his elder brother is working as a labour. In December 2020, One Rinku Pahalwan, a closed relative of accused SyamVeer Singh induced his brother Rahul for clearing his Delhi Police exam 2020 after paying Rs. 9 Lac. His brother Rahul mortgaged his agricultural land in Rs. 5 Lac and gave it to Rinku Pahalwan. After giving Rs. 5 Lacs in advance, his exam was clear with the help of online malpractice through screen sharing but later, he was kept in withheld. When Yashpal & his brother went to co-accused Rinku Pahalwan and Shyam Veer Singh to return their hard earn money, Rinku Pahalwan threatened them for dire consequences but they did not return the money.
9. Investigation was conducted with the invigilators of GPS Infotech and their statements ul s 161 Cr.P.C were also recorded, in which they have recorded that Shyam Veer Singh and his staff Bablu Yadav (Hardware & Network Support) & Ors. were used to change candidates' seats without any reason for the purpose of online malpractice to solve paper with the help of solvers siting outside from the venue through a software installed in that computer. Accused Shyam Veer Singh also scolded the staff, who had informed him about this online malpractice through screen sharing on candidates.
4. Admittedly, Staff Selection Commission has appointed Tata Consultancy Services to conduct the examination, which had given the purchase order to GPS Infotech, Agra, UP - a partnership concern of petitioner herein with one Davender.
5. Considering the role of the petitioner herein as detailed in paragraphs Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:23.03.2023 15:12 No.8 & 9 (supra), no ground is made out for anticipatory bail. The petition stands dismissed. Pending application, if any, also stands disposed of. Order dasti.
YOGESH KHANNA, J.
MARCH 22, 2023 M Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:23.03.2023 15:12