Jharkhand High Court
Dr Gopal Prasad Singh vs The State Of Jharkhand Through Cbi on 19 December, 2013
Author: H. C. Mishra
Bench: H. C. Mishra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
B. A. No. 5365 of 2013
Dr. Gopal Prasad Singh ..... ... Petitioner
Versus
The State of Jharkhand through CBI ..... ... Opposite Party
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CORAM : HON'BLE MR. JUSTICE H. C. MISHRA
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For the Petitioner : Mr. Subodh Kumar Dubey, Advocate
For the CBI : Mr. Mokhtar Khan, Advocate
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12/ 19.12.2013Heard learned counsel for the petitioner and learned counsel for the CBI.
The petitioner has been made accused for the offences under Sections 420, 467, 468, 469, 471, 477-A, 120-B, 109, 423, 424, 201 of the Indian Penal Code and Sections 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, in connection with R.C. 5(A)/2012-AHD-R. The petitioner was working as a Member of the Jharkhand Public Service Commission (hereinafter referred to as the 'Commission'), and there is allegation against the Chairman and the Members, including the petitioner, to have made serious irregularities in the 1st Combined Civil Services Examinations conducted by the Commission. There is allegation that there was advertisement for 64 posts of Deputy Collector, but much more candidates, than the required number of candidates, were selected in the P.T. Examination as well as in the Main Examination. There is also allegation of getting the answer sheets examined by unknown Examiners or by the Examiners, whose consent was not obtained earlier, rather, their consent was obtained after handing over the answer sheets to them, and there are also other allegations collectively against the Chairman and the Members of the Commission.
The petitioner had earlier filed B.A. No. 2160 of 2013, which was permitted to be withdrawn by order dated 4.4.2013.
Learned counsel for the petitioner has renewed the prayer for bail submitting that the petitioner has been falsely implicated in this case and though the investigation of the case was handed over to the CBI, but the CBI has not yet submitted any charge sheet in the case, and the petitioner is in custody since 29.8.2011 itself on the basis of the charge-sheet submitted by the Vigilance. Learned counsel has pointed out that in similar circumstances, taking into consideration the period of custody as also in view of the fact that the case as still in the investigation stage by the CBI, other co-accused, namely, Dr. Shanti Devi, has been granted bail by order dated 11.11.2013 in B.A. No. 602 of 2012. Learned counsel has accordingly, prayed for bail.
-2-Learned counsel for the CBI, on the other hand, has opposed the prayer for bail submitting that there are serious charges against the petitioner, but it is admitted that the case is still in the investigation stage by the CBI.
Taking into consideration the fact that the petitioner is in custody since 29.8.2011 itself, and the case is still in the investigation stage by the CBI as also taking into consideration the allegations against the petitioner, I am inclined to enlarge the petitioner, Dr. Gopal Prasad Singh, on bail. Accordingly, the petitioner, named above, is directed to be released on bail, on furnishing bail bond of Rs. 25,000/- (twenty-five thousand), with two sureties of the like amount each, to the satisfaction of learned Special Judge, Vigilance, Ranchi, in connection with R.C. 5(A)/2012-AHD-R, arising out of Special Case No. 12 of 2011 corresponding to Vigilance P.S. Case No. 10 of 2011.
The petitioner shall deposit his passport, if any, in the Court below, which shall be kept in the custody of the Court during the pendency of the case and he shall not leave the Country without the permission of the Trial Court. If the petitioner is not having any passport, he shall file an affidavit to that effect in the Court below.
The petitioner is also directed to cooperate in the investigation and trial of the case, and he shall also keep himself aloof from the witnesses during investigation and trial, failing which, it shall be open for the CBI to move the Court for cancellation of the bail of the petitioner and any such application shall be considered by the Court below without being influenced by this order.
( H. C. Mishra, J.) R.Kr.