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2023 Supreme(J&K) 523

RAJESH SEKHRI
YatinYadav – Appellant
Versus
UT of J&K – Respondent


Advocates Appeared:
For the Petitioner: Mr. Vikram Sharma, Sr. Adv. with Mr. Sachin Dev Singh, Mr. Nitin K. Gupta, Mr. Vivek Gaur, Mr. Gourab Gaur, Mr. Pankaj Bastora.
For the Respondent: Mrs. Monika Kohli, AAG.

JUDGMENT :

1. Petitioners have invoked Section 437 of Code of Criminal Procedure, 1978 (for short Cr.P.C.) read with Article 226 of the Constitution of India to implore for their enlargement on statutory bail in terms of Section 167(2) Cr.P.C.

2. Before a closer look at the grounds urged in the present petition, it shall be apt to have an overview of the background facts of the case.

3. The Government of J&K through Deputy Secretary, GAD, directed investigation into allegations of irregularities in written examination for the posts of Sub Inspector in the J&K Police conducted by J&K Services Selection Board (JKSSB), through CBI, on the basis of report of Enquiry Committee constituted by the Government. The stand of the Government is that report of Enquiry Committee prima facie reveals criminal conspiracy amongst officials of JKSSB, M/s Merit Trac, Bengaluru, beneficiary candidates and other accused persons causing gross irregularities in the conduct of written examination for the posts of Sub Inspectors in J&K Police. Consequently, Crime No. RC0042022A0008-CBI/ACM/JAMMU came to be registered under Section 120-B IPC read with Section 420 IPC against officials of J&KSSB, M/s Merit Trac,

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