The main legal point established is that the recovery of leaked examination materials and the progress of judicial proceedings are crucial factors in determining the guilt and bail eligibility of the accused.

JUDGMENT

Sureshwar Thakur, J. (Oral) - Since all the above petitions arise from a common FIR bearing No. 433 of 07.08.2021, registered at Police Station City Kaithal, District Kaithal, wherein offences, constituted under Sections 420, 467, 468, 471, 120-B, 201 of IPC and Section 66 of Information Technology Act, 2000 (Section 201 of IPC and Section 66 of Information Technology Act, 2000 were added later on), are embodied, thereupon, all are being disposed of through a common verdict.

2. The Haryana Staff Selection Commission issued an advertisement in the month of April 2020, for making recruitments to the post of constables in the Haryana Police. The examinations concerned, were scheduled to take place on 7/8th August, 2021.

3. The examination papers alongwith the key answers thereto, were sent for printing to LMES printing press in Jammu. The prosecution alleges that, through a tainted source inside the press, the, leakage of the examination papers, as also of the key answers thereto, rather occurred. The prosecution alleges that the persons involved in the above leakages were Sandeep, Gautam and Naveen. The above accused persons are alleged to thereafter entice, and, induce the examinees concerned, through theirs demanding monies, rather to take from them, the examination questions concerned, and, also the key answers thereto. The accused concerned, were successful in their enticement, and, also received monies from the examinees concerned, who were to make participations in the examination(s), for recruitment to the above posts, and, which were to be conducted in the morning, and, evening sessions hence respectively, on 7/8th August, 2021, at various examination centres located within the State of Haryana.

4. However, since in the morning of 7th August, 2021, a secret information about the leakage of examination questions, as also of the key answers thereto, was received, and, ultimately led to the nabbing of the accused persons concerned, thereupon the examinations which though took place in the morning, and, evening session of 7 th August, 2021, besides the examination(s) scheduled for the morning, and, evening sessions of 8th August, 2021, yet never took place, and, were cancelled. Moreover, the entire recruitment process hence initiated for the advertised posts also became ultimately cancelled, necessarily so, as it became tainted.

5. In consequence, none of the examinees concerned, who became purveyed by the accused concerned, rather the examination questions concerned, and, the key answers thereof, did not, ultimately succeed in ensuring theirs' becoming recruited to the advertised posts.

6. In sequel, though, the examinees concerned, remained unsuccessful in the rescinded examinations, but yet, since on theirs making monetary disbursements to the principal accused concerned, who leaked the examinations questions to them, and, also leaked the key answers thereof, to each of them, rather all afore prima facie imminently, did inter-se conspire, and, also abet the causings of the apposite wrongful losses, and, wrongful gains, and, as arose from the apposite leakages, as made on a monetary quid pro quo. Moreover, wrongful loses to the recruiting agency or, wrongful gains to the concerned, also ensued, as, the above sheets, were to be distributed without leakages thereof, only inside the examination centre concerned. Necessarily, the apposite leakages jeopardized the chances of success of those aspirants who remained un-purveyed with the key answers. Moreover, in the event of the selection taking place, of the accused concerned, thereupon the offence would have definitely acquired the gravest enormity.

7. Moreover, the learned State Counsel has stated, at the bar, that the recoveries of the leaked question papers, as also the recoveries of the key answers thereto, become at this stage recovered, from the possession of the accused concerned. Moreover, he also stated, that the monetary sums, as received by the principal accused co