Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 3454

IN THE HIGH COURT of JUDICATURE AT ALLAHABAD, LUCKNOW
Subhash Vidyarthi, J
Sushant Prashar @ Sushant Parashar – Applicant
Versus
Central Bureau of Investigation Thru. Cbi/Acb Lko. – Opposite Party
Criminal Misc. Bail Application No. - 7025 of 2025, Criminal Misc. Bail Application No. - 7700 of 2025, Criminal Misc. Bail Application No. - 6155 of 2025, Criminal Misc. Bail Application No. - 6252 of 2025, Criminal Misc. Bail Application No. - 6553 of 2025, Criminal Misc. Bail Application No. - 7067 of 2025, Criminal Misc. Bail Application No. - 7244 of 2025, Criminal Misc. Bail Application No. - 7518 of 2025
Decided On : 16-10-2025

Advocates Appeared:
For the Applicant : Pranjal Krishna,Suhaib Ashraf
For the Opposite Party : Aakash Prasad

The presumption of innocence requires that bail be granted unless concrete reasons warrant continued incarceration, especially when trial delays are anticipated.

Headnote:(A) Bhartiya Nyaya Sanhita, 2023 - Sections 61(2), 112, 316(5) - Prevention of Corruption Act, 1988 - Sections 7, 7A, and 8 - Criminal conspiracy - Multiple bail applications concerning individuals accused of conspiring to leak examination questions for the Chief Loco Inspector post in exchange for bribes. (Paras 2, 5)

(B) Bail - General principles - Bail is the rule and incarceration is the exception; the seriousness of allegations and their implications on public interest are pivotal in bail decisions. (Paras 24, 68)

Facts of the case:
Applicants, including railway officers, were charge-sheeted for allegedly facilitating cheating in a departmental examination by leaking question papers via a conspiracy, involving extensive monetary transactions and bribes totaling significant amounts. (Paras 2, 5, 18)

Findings of Court:
The investigation has concluded, and no firm evidence indicates a continuing need for incarceration of the applicants. The court noted that many co-accused had already been granted bail. (Paras 80-84)

Issues: Determination of the gravity of the offences related to economic crimes and assessing the necessity for custodial maintenance of the applicants pending trial. (Paras 25, 80)

Ratio Decidendi: The court emphasized the presumption of innocence and highlighted that prolonged pretrial incarceration without substantial justification undermines the accused's fundamental rights under Article 21. (Paras 35, 84)

Result: All bail applications allowed under specific conditions to ensure the applicants' presence at trial.

Table of Content
1. investigation and charge-sheet filed by cbi. (Para 2 , 3 , 4 , 5)
2. bail applications decided together due to common fir. (Para 6 , 7 , 28 , 32)
3. details of the criminal conspiracy and bribery. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15)
4. legal principles regarding bail in economic offences. (Para 34 , 56 , 58 , 76 , 80)
5. arguments regarding lack of evidence and absence of direct involvement. (Para 38 , 39 , 40 , 41)
6. court's conclusion on granting bail. (Para 66 , 67 , 83 , 85)
7. arguments against the release on bail concerning economic offences. (Para 68 , 69 , 70 , 71 , 72)

JUDGMENT :

SUBHASH VIDYARTHI, J.

1. Heard Sri Pranjal Krishna, the learned counsel for the applicant in Bail Application Nos. 7025/2025 and 7244/2025 and Sri Purnendu Chakravarty in Bail Application Nos. 7518/2025 and 6252/2025, Sri Pranshu Agrawal in Bail Application No. 6155/2025, Sri Himanshu Hemant Gupta in Bail Application no. 7067/2025, Sri Satendra Kumar Singh and Sri Shivam in Bail Application 6553/2025, Sri Manoj Kumar Mishra and Sri Vinay Kumar in Bail Application No. 7700/2025 and Sri Aakash Prasad, the learned counsel for the respondent - Central Bureau of Investigation assisted by Shri Shashwat Dwivedi, Advocate.

2. The aforesaid case arises out of a First Information Report bearing no. RC0062025A0007 dated 03.03.2025 registered at CBI/ACB under Section 61 (2) r/w 318(3) and 316(5) of Bhartiya Nyaya Sanhita, 2023 (which will hereinafter be referred to as ‘ BNS ’) read with Sections 7 , 7A and 8 of the Prevention of Corruption Act, 1988 (which will hereinafter be referred to as ‘PC Act’) against 9 persons including the applicants in Bail Application Nos. 7025/2025, 6553/2025, 7067/2025, 6155/2025 and not including the applicants in Bail Application nos. 7700/2025, 6252/2025, 7244/2025 and 7518/2025 stating that the accused persons had hatched a criminal conspiracy in connivance with certain appearing candidates to leak the question paper for the departmental examination for the post of Chief Loco Inspector (CLI) in East Central Railways (ECR), Deen Dayal Upadhyaya (DDA) Nagar in exchange of illegal gratification, which examination was proposed to be conducted on 04.03.2025.

3. The CBI apprehended accused persons Niraj Kumar Verma, Ajit Kumar Singh and Sanjay Kumar Mishra in the evening of 03.03.2025 while they were together. The CBI team raided three different locations - (1) the residence of Deepak Prakash Jyoti, Loco Pilot Goods, DDU, ECR, (2) Raj Marriage Lawn, DDU and (3) Residence of Rakesh Kumar, Loco Pilot Passenger, DDU, ECR, and found that several candidates were memorizing the leaked questions with answers which tallied with the questions available in the Test Booklet / Question Paper, on the basis of which an examination was to be held on 04.03.2025. The CBI arrested 17 candidates from the three locations. Rs.1.14 crores cash and documents containing the leaked questions with answers, as well as the Test Booklet / Question Paper on which the exam was supposed to be held on 04.03.2025 were recovered and seized by the CBI during the investigation.

4. After conducting investigation, the CBI has filed a charge-sheet against 26 persons.

5. Sushant Parashar - the applicant in Bail Application No. 7025 of 2025 and Surjeet Singh – the applicant in Bail Application No.6252 of 2025, have been charge-sheeted for offences under Section 61 (2) read with 112, 316(5) of B.N.S. and Section 7 , 7A & 8 of the Prevention of Corruption Act, 1988, as amended in 2018 (hereinafter referred to as 'P.C. Act') and substantive offences under Sections 112 and 316 (5) of BNS and Section 7 of P.C. Act 1988. Niraj Kumar Verma - the applicant in 7067 of 2025 and Sanjay Kumar Mishra - the applicant in 7518 of 2025, have been charge-sheeted for offences under Section 61 (2) read with 112, 316(5) of B.N.S. and Section 7 , 7A & 8 of the P.C. Act and substantive offences under Section 112 of BNS and Section 7 and 7A of P.C. Act. Raj Narayan Singh Yadav