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2026 DAILYLAW 10096 (CHH)

UTKARSH CHANDRAKAR v. CENTRAL BUREAU OF INVESTIGATION

MCRCA/493/2026 · 2026-05-04

Shri Bibhu Datta Guru

body2026

Judgment text

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1 2026:CGHC:20856 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Order Reserved on 04/05/2026 Order Delivered on 05/05/2026 MCRCA No. 493 of 2026 Utkarsh Chandrakar S/o G.L. Chandrakar Aged About 40 Years R/o H.No. 168/3/2 Shanti Nagar, Near Akta Hospital, P.S.- Civil Lines, District- Raipur (Cg) Applicant(s) Versus Central Bureau Of Investigation Through Investigating Officer, District- Raipur (Cg) Respondent(s) (Cause-title taken from Case Information System) For Applicant(s) : Mr. Mateen Siddique and Mr. Ashutosh Mishra, Advocates For Respondent(s) : Mr. Vaibhav A. Goverdhan, Advocate C A V Order Per Bibhu Datta Guru, J. 1. The present application has been preferred by the applicant/accused under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking grant of anticipatory bail, as he is apprehending his arrest in connection with Crime No. RC1242024A0004 registered at Police Station CBI, Raipur, District Raipur (C.G.) for the offences punishable RAHUL JHA Digitally signed by RAHUL JHA Date: 2026.05.05 13:32:45 +0530 2 under Sections 120-B and 420 of the Indian Penal Code and Sections 7, 7A and 12 of the Prevention of Corruption Act, 1988. 2. The present case emanates from a large-scale scam relating to the conduct of the State Service Examination by the Chhattisgarh Public Service Commission (PSC) during the period 2020–2022. It is the case of the prosecution that during the said period, the then Chairman of the PSC, in connivance with other officials and private persons, entered into a criminal conspiracy to manipulate the recruitment process by leaking confidential question papers of the preliminary as well as mains examinations in lieu of huge illegal gratification. The modus operandi, as revealed during investigation, indicates that selected candidates were identified in advance, money was collected through intermediaries, and the question papers along with model answers were provided to such candidates prior to the examinations. For the purpose of executing the conspiracy, arrangements were made for assembling candidates at specific locations, including marriage halls and resorts, where they were provided with leaked question papers and were made to prepare for the examinations. It is further revealed that such candidates, on the basis of leaked material, were able to qualify the examinations, thereby defeating the very purpose of a fair and transparent selection process. The investigation has further disclosed that the said conspiracy involved a nexus between public officials and private intermediaries, resulting in grave prejudice to a large number of deserving aspirants. 3. The present applicant has been arraigned as an accused in the 3 supplementary charge-sheet dated 01.01.2026. As per the prosecution case, the applicant acted as an intermediary and facilitator in execution of the conspiracy. It is alleged that the applicant contacted one Dr. Vikas Chandrakar and assured him that candidates could be selected in the PSC examination upon payment of ₹50–60 lakhs. It is further alleged that the applicant collected money from various candidates, arranged their accommodation at Siddhi Vinayak Palace prior to the preliminary examination, and supplied them with printed question papers along with answers on the night preceding the examination. It is also alleged that after the preliminary examination, the applicant arranged transportation of candidates through a booked bus and facilitated their stay at Barnawapara resort and subsequently at Hotel Venkatesh International, Raipur, where they were made to prepare for the mains examination using leaked material. 4. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated. It is contended that the applicant is neither a public servant nor connected with the PSC machinery and has no role in preparation or leakage of question papers. It is further submitted that the entire case against the applicant is based upon the statement of Dr. Vikas Chandrakar and there is no independent corroboration. Learned counsel would also submit that even as per the prosecution material, the role attributed to the applicant is limited in nature, inasmuch as he is alleged only to have arranged rooms at the resort and facilitated transportation by arranging a bus for the candidates, and therefore, no active role in the alleged conspiracy can be attributed 4 to him. It is further argued that no amount has been directly paid to the applicant, nor is there any material to show that he assured selection. The applicant has cooperated during investigation, was not arrested earlier, and is a permanent resident of State of Chhattisgarh, thus there is no likelihood of absconding. Hence, it is prayed that he be granted anticipatory bail. 5. Per contra, learned counsel appearing for the CBI would oppose the application and submit that the present applicant is an active participant in a well-organized and deep-rooted conspiracy involving leakage of question papers of a highly competitive public examination. It is submitted that the material collected during investigation, including statements recorded under Section 164 Cr.P.C. and documentary evidence, clearly establish that the applicant was instrumental in arranging candidates, collecting money, distributing leaked question papers prior to examination, and coordinating their stay and preparation. It is further submitted that the role of the applicant is not peripheral but integral to execution of the conspiracy. It is also submitted that this Court has already rejected the regular bail application of the main accused, who is the kingpin of the conspiracy, as also the regular bail applications of other co-accused, and therefore, the present applicant is not entitled to any relief. It is further contended that custodial interrogation of the applicant is necessary. 6. I have heard learned counsel for the parties at length and perused the case diary as well as the material available on record. 5 7. At the outset, it is to be noted that anticipatory bail is an extraordinary remedy, which is to be granted sparingly and only in exceptional circumstances. The Court is required to consider the nature and gravity of accusation, the role attributed to the accused, and the overall impact of the alleged offence. 8. From perusal of the supplementary charge-sheet and the material collected during investigation, particularly the statement of Dr. Vikas Chandrakar recorded under Section 164 Cr.P.C., it prima facie appears that the present applicant played an active role in the execution of the conspiracy. The said witness has categorically stated that the applicant demanded an amount of ₹50–60 lakhs for securing selection of candidates and collected money through intermediaries. It has also been stated that the applicant arranged for distribution of printed question papers along with answers to candidates at Siddhi Vinayak Palace on the night prior to the preliminary examination, which resulted in their success in the said examination. 9. The statement of another witness recorded under Section 164 Cr.P.C., namely Smt. Sushma Agrawal (Witness No. 4), further lends strong corroboration to the prosecution case. In her statement, she has specifically stated that she was introduced to one Dr. Vikas Chandrakar, who assured her of securing selection in the CGPSC examination in lieu of a substantial amount of money and induced her to part with Rs. 25 lakhs. She has further deposed that subsequently she came into contact with the present applicant, who played an active role in execution of the 6 said arrangement. She has categorically stated that on 12.02.2022, i.e., one day prior to the preliminary examination, she along with about 30– 35 candidates was called to Siddhi Vinayak Palace, Raipur, where the present applicant provided printed copies of both question papers along with answer sheets. According to her, the questions so provided were identical to those asked in the actual preliminary examination conducted on 13.02.2022, as a result of which several candidates, including herself, were able to clear the preliminary examination. The said witness has further elaborated that thereafter, on 08.05.2022, the present applicant arranged transportation of candidates through a bus and took them to Barnawapara Resort, where their stay was arranged for a considerable duration by booking rooms in different names. During their stay at the resort, arrangements were made for preparation of the main examination through leaked question papers, and certain persons were engaged to prepare and dictate answers to the candidates. She has also stated that the questions for the main examination were being received by the present applicant through mobile phone and were thereafter circulated amongst the candidates. The witness has further disclosed that substantial amounts of money, ranging from Rs. 50 lakhs to even Rs. 1 crore, were collected from different candidates in connection with the said illegal activities. She has also stated that after the stay at Barnawapara Resort, the candidates were shifted to a hotel at Raipur, where further preparation was facilitated immediately prior to the main examination. 10. Having considered the entire material placed before this Court, it is quite vivid that the present applicant, in concert with other co-accused, had 7 made arrangements for booking rooms at Barnawapara Resort for the period from 11.05.2022 to 23.05.2022, where as many as 29 candidates were accommodated, who thereafter appeared in the CGPSC main examination conducted from 26.05.2022 to 29.05.2022. It is further borne out from the record that the applicant had facilitated the distribution of question papers of the main examination along with prepared answers to the said candidates at the resort, which, as per the prosecution, were received by him through mobile communication. During the course of investigation, it has also surfaced that a substantial amount of money was collected by the applicant through Dr. Vikas Chandrakar from various candidates. From the aforesaid circumstances, it prima facie appears that the applicant was in continuous and active contact with persons connected to the functioning of the PSC. Moreover, the documentary evidence collected during investigation, including records pertaining to booking of rooms at the resort and hotel, transportation arrangements through bus booking, and particulars of the candidates, further lends prima facie corroboration to the prosecution case and indicates a well-orchestrated and pre-planned execution of the alleged conspiracy. 11. The statements of prosecution witnesses recorded under Section 164 Cr.P.C., particularly those of Dr. Vikas Chandrakar (PW-1) and Smt. Sushma Agrawal (PW-4), thus clearly substantiate the aforesaid allegations and indicate the active involvement of the present applicant in facilitating and executing the conspiracy. 8 12. The contention of the applicant that his role was limited only to arranging rooms and transportation cannot be accepted at this stage. The material on record, including statements recorded under Section 164 Cr.P.C. and documentary evidence, prima facie indicates that the applicant was actively involved in organizing the entire arrangement for candidates, which was intrinsically linked to the supply of leaked question papers. Such acts cannot be viewed in isolation as mere logistical support but form an integral part of the conspiracy. 13. The submission that the case is based solely on the statement of one witness also does not hold much substance at this stage, as there is corroborative material available in the form of statements of other witnesses and documentary evidence. 14. It is also pertinent to note that this Court has already rejected the regular bail application of the main accused, who has been prima facie found to be the kingpin of the conspiracy as also the other co-accused. The role attributed to the present applicant is directly connected with the execution of the said conspiracy. Therefore, he cannot claim parity. 15. The nature of the offence in the present case is extremely grave. Leakage of question papers of competitive examinations strikes at the root of fairness and transparency in public recruitment and undermines the faith of the public in such institutions. 16. At the cost of repetition, it is reiterated that a person who indulges in facilitating leakage of question papers relating to competitive examinations plays with the career and future of lakhs of young aspirants 9 who are preparing day and night to succeed in such examinations. Such an act has far-reaching consequences and affects the entire society. 17. Considering the seriousness of allegations, the specific role attributed to the applicant, and the material collected during investigation, this Court is of the considered opinion that this is not a fit case for grant of anticipatory bail. 18. Accordingly, the application is rejected. Sd/- (Bibhu Datta Guru) Judge Rahul/Gowri