The seriousness of the offence, prima facie evidence, and the possibility of tampering with evidence are crucial factors in deciding bail applications in cases involving grave offences.

JUDGMENT

1. Present applicant, who is accused No.1 in CR No.27/2016 dated 28.7.2016, registered with Mandavi Police Station, District Nanded, came to be arrested on 22.5.2017 for the offences punishable under Sections 167, 171, 193, 197, 198, 201, 203, 213, 214, 218, 221, 420, 419, 467, 468, 471, 120(B), 34 of IPC and under Sections 13(1)(a), 13(1)(d), 13(2) and 8 Prevention of Corruption Act, 1988. He prays for releasing him bail under Section 439 of Cr.P.C.

2. Heard learned Advocates and learned APP appearing for respective parties.

3. It has been contended on behalf of the applicant that investigation is complete and charge sheet has been filed. Therefore, further physical custody is not required. His trial has also not started. The prosecution story is that the present applicant had provided dummy candidates in the competitive examinations by providing them Hall Tickets and thereafter those persons have secured jobs in the Government Departments. The investigation done so far does not attribute any specific role to the applicant. In fact, he has been falsely implicated. The charge sheet is based on the statement of co-accused, which is inadmissible in law. The Evidence of Hand-writing Expert is not against the applicant. No cash has been recovered from his custody or at his instance. Even the Anti-corruption Bureau conducted the investigation, however, nothing is attributable to the present applicant. Up till now, about 32 accused persons have been released either by Additional Sessions Judge or by this Court and only the present applicant is remained. On the ground of parity, he deserves to be released on bail. In fact, none of the sections, except Section 467 of IPC, can be said to be made applicable to the present accused. The other sections are applicable to co-accused. One of the important ingredients to attract Section 467 of IPC is, 'valuable security'. However, no such document, which amounts to 'valuable security', has been recovered or intended to be recovered from the applicant. The learned Advocates appearing for the applicant has reiterated that the evidence, that is collected against the applicant for the alleged forgery or fabrication, will not show that those forged or fake documents are in the hand-writing of the present applicant.

4. The learned APP strongly opposed the application and submitted that, in fact, the present applicant is the master-mind. He has committed the offence of recruitment scam and thereby he has made huge amount. He has provided dummy candidates in place of genuine or real candidates for different examinations held either by the Government or by the Public Service Commission. Definitely, it could not have been free of cost. By such activities, he has provided jobs to various persons in various Government departments. The present applicant has forged the Answer-sheets; recruitment Admission Cards; Attendance sheets; specimen signature forms and other documents for committing the offence. He was in the Government service earlier. Further, though the investigation was done in a limited way earlier; yet it has been now transpired that the present applicant along with co-accused - Dinesh Sonaskar, who was earlier Investigating Officer and Yogesh Panchwatkar, who was the Hand-writing expert in Forensic Science Lab, Aurangabad had obtained the signatures of real and dummy candidates on specimen signature forms and after destroying the original documents, in order to obtain favourable reports from the Hand-writing expert, they have fabricated the evidence. That means the present applicant, when the investigation of the case was pending against him, could influence the Investigating Officer as well as the Forensic Expert and then create evidence. Then definitely after his release on bail, possibility of further tampering with the evidence cannot be ruled out. The magnitude of the offence is large and collection of documents from various Government departments is still going on. Though charge