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GURVINDER SINGH GILL
Anil Naggar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Gurvinder Singh Gill, J. (Oral) - This order shall dispose of the above mentioned four petitions wherein petitioners Anil Naggar, Naveen, Ashwani and Pawan Gupta, seek grant of regular bail in a case registered vide FIR No.04, dated 17.11.2021, Police Station SVB, Panchkula, under Section 7-A of Prevention of Corruption Act, 1988 (Sections 120-B, 420, 466, 471 IPC, Section 7 of Prevention of Corruption Act, 1988 and Section 8(3) (4) of Haryana Public Examination (Prohibition of Unfair Means) Act, 2021 added later on).
2. The FIR in question was lodged at the instance of Narinder wherein it is alleged that Jasbir Singh owns Software agency by the name and style of M/s Safedote e-Solution Pvt. Ltd. Sector 11, Panchkula and had been allotted the work of online application portal by Haryana Public Service Commission. It is alleged that aforesaid Jasbir Singh and his associates had been securing jobs for various applicants by fraudulent means and were earning crores of rupees. The complainant alleged that the modus operandi was that the said persons used to ask the candidates to attempt only 30-40 questions and to keep blank the remaining answers so that the same could be ticked
The court considered the period of detention, the petitioners' clean record, and the likelihood of a prolonged trial in deciding to grant bail, emphasizing the principle of proportionality in detenti....
Grant of bail based on completion of investigation and delay in trial due to awaited prosecution sanction for co-accused.
Prolonged detention without examination of key witnesses may lead to the grant of bail, as further detention may not serve any useful purpose.
The court considered the nature of allegations, the duration of custody, and the likelihood of a lengthy trial in granting bail to the petitioners.
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