JUDGMENT

Mr. Rajesh Bhardwaj, J.

The petitioner has approached this Court praying for grant of anticipatory bail in a case FIR No.134, dated 14.02.2023 registered under sections 66C, 66D of Information Technology Act, 2008, Sections 8(4) of Haryana Public Examination (Prevention of Unfair Means) Act, 2021 and Sections 120-B, 420 IPC ( Section 201 IPC added subsequently), at Police Station Samalkha, District Panipat.

2. Adumbrated facts of the case are that secret information was received at Police Station Samalkha, Panipat that online paper for the post of TGT at Kendriya Vidyalaya is being conducted and Manbir Thind alongwith his accomplices has setup a lab at Amritsar for taking online paper. It was informed that Manbir Thind along with his accomplices for getting the online paper solved has taken money from different candidates. On the receipt of the secret information, raiding party was constituted and raid was conducted at Ten Spoon Hotel, Samalkha, Panipat. The raiding party found five boys in Room No.102 of the Hotel, who were having many laptops for solving papers. They were apprehended on the spot. Formal FIR was registered and the investigation commenced. During the investigation, the co-accused made disclosure statement about the complicity of the petitioner i.e. Mandeep Singh, who was said to be working as IT In-charge in Satyam Lab at Amritsar and thus, he was also arrayed as an accused. Apprehending arrest, the petitioner approached the Court learned Additional Sessions Judge, Panipat praying for grant of anticipatory bail, however, after hearing both the sides, the learned Court declined the same vide order dated 03.03.2023. Aggrieved by the same, the petitioner has approached this Court by way of filing the present petition for grant of anticipatory bail.

3. It has been contended by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. He submits that the petitioner is not named in the FIR; however, he has been implicated in this case on the basis of the disclosure statement made by co-accused Manbir Thind, which is not admissible evidence. He submits that no incriminating evidence has been found against the petitioner to prove his complicity in the offence as alleged in the FIR. It is submitted that the petitioner is alleged to have installed free software in some computers in the Lab at Amritsar and 17 Laptops were recovered from the spot. It is submitted that said software is freely available, which can be downloaded and installed by anyone from the internet and thus, the same cannot be a ground for the involvement of the petitioner in the offence alleged. It is submitted that the Police party has already recovered laptops and computers and hence, no recovery is to be made from the petitioner and thus, no case for the custodial interrogation is made out. It is submitted that from the bare reading of statutory provisions of Sections 66 -C and 66-D of the Information Technology Act, no offence can be said to have been committed by the petitioner in view of the allegations made against him. It is submitted that in the facts and circumstances of the case, the petitioner deserves to be granted anticipatory bail.

4. Heard.

5. Apparently, the raid was conducted at the Hotel by the Police party on the basis of the secret information. During the raid, five accused were apprehended and 17 laptops, 10 chargers etc. were recovered by the Police party from the spot. During the investigation, complicity of the petitioner in the cyber offence came to the light and he was arrayed as an accused. It was found that he was working as IT Incharge in Saty