Anticipatory bail is an extraordinary privilege granted only in exceptional cases, requiring strict adherence to legal principles and consideration of the seriousness of allegations.

Heard and perused the case diary.

2. This is first bail application filed by the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail who is apprehending his arrest in Crime No.88/2023, registered at Police Station-Pati, District-Barwani, for the offence under Sections 120-B, 420,409 of I.P.C. and Section 3a r/w 4 of MP Recognized Examination Act.

3 . That, as per the case of prosecution on 18.03.2023, the District Education Officer preferred a complaint before police station complaining that the question papers of 2023 M.P. Board Examinations have been leaked. As per the complaint, the Board of Secondary Education, Bhopal was conducting the Examination for the year 2023. As per the instructions of the Board, one Head of the center and one Assistantto the Head of Center were appointed. On 02.03.2023 at around 08:49 AM, the Board got information that the question paper on Hindi Subject examination which was to be conducted on 02.03.2023, is being circulated on a telegram channel. The serial number of the leaked question paper was obtained whereby it was revealed that the said question paper was sent to Government Higher Secondary School, Pati, District Badwani bearing Exam Center no. 55101 1. Thereafter, a team of the Board | reached at Police Station Pati where the question papers of the aforesaid exam center were kept and upon inspection the leaked question paper was found to be an exact match with the original question paper. Subsequently, Head of the center Balsingh Chouhan (applicant/accused) and Assistant to the Head of Center Dilipsingh Awasya (co-accused) were relieved from their duties. As per allegations, both the accused persons hatched a conspiracy to leak the question paper of the aforesaid exams, who were later on suspended from their position.

4. Learned Senior counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The applicant already arrested on 18.03.2024 and released on 20.03.2023 but no investigation was happened whereas the FIR was lodged on 18.03.2023 and there is no reason as to why no investigation was conducted with regard to this offence. The applicant is a Government servant, if he is arrested, his service career may be spoiled. It is also submitted that examination was already conducted and result has also been declared, hence, there is no need to arrest the applicant. He is ready to co-operate with the investigation. The final conclusion of the trial is likely to take sufficient long time. Therefore, it has been prayed that the applicant may be released on anticipatory bail.

5. Learned Government Advocate for the respondent/State opposes the prayer by submitting that the matter relates to paper leak which has effected the career of students. The paper was made viral by this applicant. Investigation is going on. Therefore, it has been prayed that the applicant may not be released on anticipatory bail.

6. So far as the grant of anticipatory bail is concerned, the Hon'ble Apex Court in the case of Jai Prakash Singh vs. State of Bihar and others [2012 (4) SCC 379] while canceling the anticipatory bail of the applicant therein so granted concerned High Court, has clearly observed that:-

"13.....The anticipatory bail being an extraordinary privilege should be granted only in exceptional cases.

The judicial discretion conferred upon the court has to be properly exercised after proper application of mind to decide whether it is a fit case for grant of anticipatory bail.

21......The court may n o t exercise i t s discretion in derogation of established principles of law, rather it has to be in strict adherence to them. Discretion has to be guided by law; duly governed by rule and cannot be arbitrary, fanciful or vague. The court must not y i e l d t o spasmodic sentiment to unregulated benevolence. The order dehors the grounds provided in Section 438 Cr.P.C. itself suffers f ro m non- application of mind and therefore, cannot be susta