1 2025:CGHC:3730 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 572 of 2025 Deepak Kumar Dewangan S/o Late Shiv Kumar Dewangan Aged About 33 Years R/o Janjgir P.S. Janjgir, District- Janjgir- Champa Current Address- Quarter No. G-12, Court Colony, Chitalanka, Dantewada, District- South Bastar Dantewada (C.G.) ... Applicant versus State of Chhattisgarh Through P.S.- Dantewada, District- South Bastar Dantewada (C.G.) ... Non-Applicant For Applicant : Mr. Amit Kumar Sahu, Advocate. For Non-Applicant : Ms. Supriya Upasane, Government Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 66/2024, registered at Police Station- Dantewada, District- Dantewada, (C.G.) for the offence punishable under Sections 61, 318, 334, 336, 338 and 340 of Bhartiya Nyay Sanhita, 2023. 2. The prosecution story in brief, is that a skill examination was being RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.23 16:24:26 +0530 2 conducted for the posts of Assistant Grade 3 and Stenographer in the Family Court, South Bastar, Dantewada. To grant undue advantage to the applicant and other candidates, the accused, Poonam, Chandra Yadav, and Dinesh Markam, entered into a criminal conspiracy. On 14.08.2024, at around 9:00 PM, they unlawfully entered the FTC Court premises where the answer sheets of the candidates were stored and tampered with the answer sheets, which subsequently led to changes in the candidates’ marks. It is further alleged that Ganesh Markam received Rs. 1,50,000/- from Preeti Netam in exchange for confirming her selection. Consequently, an FIR was registered under Sections 61, 318, 334, 336, 338, and 340 of the B.N.S. Act, and an investigation ensued. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He also submits that the present applicant has not committed any overt act as alleged in the charge sheet, and no evidence has been found against him. The alleged acts were committed by other co-accused persons. He further submits that the applicant, being a candidate in the concerned examination, had no knowledge of how his name was implicated. He has not done anything to compromise the sanctity of the examination. He further submits that no seizure has been made from the applicant, and there is no material evidence to establish his involvement in the alleged offences. He further submits that the applicant is a young man with a promising future, and incarceration would irreparably harm his career. He further submits 3 that the applicant is in jail since 29.09.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that a skill examination was being conducted for the posts of Assistant Grade 3 and Stenographer in the Family Court, South Bastar, Dantewada. To grant undue advantage to the applicant and other candidates, the accused, Poonam, Chandra Yadav, and Dinesh Markam, entered into a criminal conspiracy. On 14.08.2024, at around 9:00 PM, they unlawfully entered the FTC Court premises where the answer sheets of the candidates were stored and tampered with the answer sheets, which subsequently led to changes in the candidates’ marks. She further submitted that one of the co- accused, namely, Ganesh Markam received Rs. 1,50,000/- from Preeti Netam in exchange for confirming her selection, therefore, he is not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant was a candidate for the post of Assistant Grade-03 in the Family Court, Dantewada, it appears that a well- planned conspiracy was executed to unlawfully and improperly influence the skill examination for the posts of Assistant Grade-03/Stenographer (Hindi) in the Family Court, Dantewada, 4 further the fact that tampering with examinations for public service is a serious offence, if this crime had not been exposed, the applicant would have been selected in the said examination, thereby disqualifying genuinely deserving candidates who worked hard to compete fairly and the present applicant appears to have participated in corrupting the selection process, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail, accordingly, the bail application of applicant – Deepak Kumar Dewangan, involved in Crime No. 66/2024, registered at Police Station- Dantewada, District- Dantewada, (C.G.) for the offence punishable under Sections 61, 318, 334, 336, 338 and 340 of Bhartiya Nyay Sanhita, 2023, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan