The Allahabad High Court has granted bail to Rajiv Nayan Mishra, the mastermind behind the RO/ARO recruitment exam paper leak.
A Single Bench of Justice Sanjay Kumar Pachori passed this order while hearing a Criminal Misc Bail Application filed by Rajeev Nayan Mishra @ Rahul Mishra.
The bail application has been filed on behalf of applicant Rajeev Nayan Mishra @ Rahul Mishra under Section 439 of the Code of Criminal Procedure, with a prayer to release him on bail in Case for offence punishable under Sections 420, 465, 467, 468, 471, 34, 120-B, 201 of the Indian Penal Code, Section 3/9, 4, 10 of the Uttar Pradesh Public Examinations (Prevention of Unfair Means) Act, 1998 and Section 66 of the Information Technology Act, registered at Police Station Civil Lines, District Nagar (Commissionerate Prayagraj), during pendency of the trial, after rejecting the bail application of the applicant by Additional Sessions Judge, Prayagraj, by order dated 28.06.2024.
Counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the case with ulterior motive.
It is further submitted that F.I.R dated 02.03.2024 has been lodged against the unknown person. Applicant was not named in the FIR. In the case the name of the applicant surfaced on the basis of confessional statements of co-accused Vishal Dubey and Sunil Raghuvanshi, except the confessional statement of co-accused persons there is no other pre-summoning evidence against the applicant.
It is also submitted that the applicant has been arrested in another case in which the applicant was not named in the FIR and name of the applicant was surfaced on the basis of confessional statement of co-accused Vishal Dubey in Case in which the applicant was released on bail by a coordinate Bench of the Court in Criminal Misc Bail Application by order dated 31.05.2024.
Counsel for the applicant said that no incriminating article has been recovered from the possession of the applicant. It is further submitted that two first information reports of the same offence have been lodged by different persons.
He has further said that co-accused Saurabh Shukla having similar role has been granted bail by the Court in Criminal Misc Bail Application by order dated 25.06.2024.
He has next argued that the applicant has a previous criminal history of five cases, in which the applicant was not named and related to years 2021, 2023 and 2024. The applicant has been languishing in jail since 12.06.2024.
Per contra, the Additional Advocate General has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre-trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
“It is a well settled position of law that bail is the rule and committal to jail is an exception and refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution.
No material or circumstances has been brought to the notice of this Court with regard to tampering of evidence or intimidating of witnesses in previous criminal history.
Keeping in mind, larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail”, the Court observed while allowing the bail application.
The Court ordered that,
Let the applicant Rajeev Nayan Mishra @ Rahul Mishra be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge and (c) recording of statement under Section 313 of Cr.P.C.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(vi) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.