2023 Supreme(Online)(ALL) 14150
ALLAHABAD HIGH COURT
DHIRAJ RAI – Appellant
Versus
State – Respondent
ABAIL/3226/2022
Court No. - 87
Case :- CRIMINAL MISC ANTICIPATORY BAIL
APPLICATION U/S 438 CR.P.C. No. - 3226 of 2022
Applicant :- Dhiraj Rai
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Jitendra Pratap Singh,Deeksha
Gupta,Sr. Advocate
Counsel for Opposite Party :- G.A.
Connected with
Case :- CRIMINAL MISC ANTICIPATORY BAIL
APPLICATION U/S 438 CR.P.C. No. - 4498 of 2022
Applicant :- Anant Yadav
Opposite Party :- State of U.P.
Counsel for Applicant :- Janardan Yadav
Counsel for Opposite Party :- G.A.
And
Case :- CRIMINAL MISC ANTICIPATORY BAIL
APPLICATION U/S 438 CR.P.C. No. - 3390 of 2022
Applicant :- Israr Ahmad
Opposite Party :- State of U.P.
Counsel for Applicant :- Zafar Abbas,Aqeel Ahmad,Indrapal
Vishwakarma,Prabha Shanker Mishra,Ramesh Kumar
Ojha,Siddharth Srivastava,Zia Naz Zaidi
Counsel for Opposite Party :- G.A.
And
Case :- CRIMINAL MISC ANTICIPATORY BAIL
APPLICATION U/S 438 CR.P.C. No. - 2868 of 2022
Applicant :- Mukesh Rai @ Rintu Rai
Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Bhushan Dhar
Dubey,Kamlesh Kumar Mishra
Counsel for Opposite Party :- G.A.
And
Case :- CRIMINAL MISC ANTICIPATORY BAIL
APPLICATION U/S 438 CR.P.C. No. - 4479 of 2022
Applicant :- Sikander Yadav
Opposite Party :- State of U.P.
Counsel for Applicant :- Janardan Yadav,Prakash Chandra
Srivastava
Counsel for Opposite Party :- G.A.
And
Case :- CRIMINAL MISC ANTICIPATORY BAIL
APPLICATION U/S 438 CR.P.C. No. - 5052 of 2022
Applicant :- Tushar Singh
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- Siddharth Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
1. Heard Sri V.P. Srivastava, learned Senior Advocate assisted
by Sri Jitendra Pratap Singh, learned counsel for the applicants,
Sri Ratnendu Kumar Singh and Sri J.P.S. Chauhan, learned
counsels for the State and perused the record.
2. The present applications under Section 438 Cr.P.C. have been
filed seeking bail in anticipation of the arrest of the accused-
applicants in FIR Number 0037 of 2022, under Sections 407,
408, 409, 420 read with Section 34 I.P.C. and Sections 4/7 (Ka)
(Kha) of Prevention of Corruption Act, registered at Police
Station Rani Ki Saray, District Azamgarh.
3. The S.H.O. of the said police station got information from the
reliable sources that some persons had collected large amount
of money from candidates writing Teacher Eligibility Test for
appointment to the post of Assistant Teacher in the Government
schools run by Basic Siksha Parishad of Uttar Pradesh. These
persons operate as gang to facilitate cheating and copying of the
examination papers. The examination was being held on 23rd
January 2022. On this information the S.H.O. with the police
team went to the place and arrested 22 accused and recovered
Rs. 48,50,000/- collected by the accused from the candidates for
ensuring cheating in examination by the candidates so that these
candidates clear the exam for public office of the Assistant
Teacher.
4. Large scale cheating in mass copying was organized by the
accused who are the managers of the schools/colleges where the
TET was being held. The accused Dhiraj Rai is Manager of
Viplav Vikram Rai, Women P.G. College, Haraiya, District
Azamgarh. The said college was one of the examination centre
in the Azamgarh for conducting Teacher Eligibility Test. The
accused Zafar Khan son of Aalam Khan and Arvind Gupta son
of Jagawtar Gupta were arrested from the spot. Zafar Khan said
that he belonged to Rampur and he had come with his wife who
was writing TET exam. When he was asked that where was her
examination centre, the accused Zafar could not tell the
examination centre. When he was subjected to further
interrogation, he said that he alongwith co-accused Arvind
Gupta would tell candidates from Rampur to give examination
centre at Azamgarh as in Azamgarh his several known people
had colleges/schools, where the TET exam would also be held
besides in several other Dis