Delhi High Court: The present application under Section 439 of the Criminal Procedure Code, 1973 (‘CrPC’) was filed seeking grant of regular bail in case registered for offences punishable under Sections 420, 120-B, and 34 of the Penal Code, 1860 (‘IPC’). Petitioner and other co-accused persons were involved in leaking question papers of examinations for government employment in Haryana. Swarana Kanta Sharma, J.*, opined that the allegations against the accused persons were serious in nature since they had made the prospective candidates believe that they had the leaked question papers for the examination they were sitting for and had sold them the same on payment of lakhs of rupees. The Court opined that as modus operandi of commission of the offence was yet to be disclosed as the other co-accused were yet to be arrested, and that the trial was yet to commence, this Court was not inclined to grant bail to petitioner at this stage.
Background
A police official had received information that certain persons were standing by a car, and they were involved in leaking papers of government job examination for getting a government job in Haryana. Upon reaching the spot, the police officials had found accused Kapil and petitioner-Vedpal standing near the vehicle, who after seeing the police officials had run away in different directions. Thereafter, a search was conducted of the vehicle, where many bags and numerous mobile phones were found in the vehicle. The bags contained admit cards for Haryana government job examination and other documents. When Kapil and petitioner were questioned about the admit cards and mobile phones found in the car, they could not provide any satisfactory answer.
Analysis, Law, and Decision
The Court noted that when the accused persons, including petitioner were apprehended by the police officials, they were found in possession of eighty mobile phones, blank signed cheques, admit cards for Haryana Government exams (Group-D), marksheets of various individuals, and other documents. The Court noted during investigation, it was revealed that petitioner along with other co-accused were associated with the main accused Robin, a former Delhi Police official, and were part of a large network involved in leaking government examination question papers. It was also revealed that the accused persons, including petitioner, had allegedly leaked government examination question papers for the Haryana Group-D exam scheduled on 21-10-2023 and 22-10-2023.
It was revealed that petitioner along with accused Kapil and others, had allegedly transported candidates to Baba Haridas School, near Bani Camp, Delhi, on 20-10-2023, a day prior to the exam and had aided candidates in memorizing the leaked question paper answers at a computer lab owned by accused Vijay, under the direction of main accused Robin. Petitioner had allegedly kept candidates’ mobile phones and bags in a vehicle to prevent the question paper being further leaked to anyone else. Thereafter, the candidates were transported to their exam centers in cabs arranged by the main accused Robin.
The Court opined that when individuals resort to dishonest means to obtain leaked examination papers or cheat during exams, it not only undermines the merit-based selection process but also erodes public trust in the fair and transparent examination system. Moreover, cheating in government exams could have far-reaching consequences for society as it could lead to the recruitment of incompetent or unqualified individuals in key government positions, which could have detrimental effects on public service delivery, governance, and overall development.
The Court opined that “cheating in government exams undermines the principles of meritocracy and equal opportunities, which were essential for fostering social mobility and ensuring fairness in society. It perpetuates inequalities by favoring those who could afford to pay for leaked exam papers or engage in fraudulent activities, while disadvantaging those who rely on their hard work and merit to succeed. The acts of cheating in examinations thus must be dealt with a stern hand, as their effects were not limited to an individual but impact society as a whole”.
The Court opined that the allegations against the accused persons were serious in nature since they had made the prospective candidates believe that they had the leaked question papers for the examination they were sitting for and had sold them the same on payment of lakhs of rupees. The Court opined that the fact that the admit cards of the candidates, the mobile phones, blank signed cheques, and another related documents were recovered from the possession of petitioner, and that the modus operandi of commission of the offence was yet to be disclosed as the other co-accused were yet to be arrested, and that the trial was yet to commence, this Court was not inclined to grant bail to petitioner at this stage. The Court thus dismissed the bail application of petitioner.
[Vedpal v. State (NCT of Delhi), 2024 SCC OnLine Del 1905, decided on 19-3-2024]
*Judgment authored by: Justice Swarana Kanta Sharma
Advocates who appeared in this case:
For the Petitioner: Praveen Kumar, Gaurav Chahal, Vishuvendra Singh, Advocates
For the Respondent: Manoj Pant, APP
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