Allahabad High Court
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 2875 of 2024 Devendra Singh Union of India Versus .....Applicant(s) .....Opposite Party(s)
Legal Reasoning
Counsel for Applicant(s) Counsel for Opposite Party(s) : G.A., Pawan Kumar Srivastava, Sushant : Damini Hajela, Govind Saran Hajela Reserved on 23.08.2025 Delivered on 24.09.2025 Court No. - 64 1. List revised. HON'BLE SAMIT GOPAL, J. 2. Heard Sri Alok Sharma, Advocate holding brief of Sri Govind Saran Hajela, learned counsel for the applicant, Sri Gyan Prakash, learned Senior Advocate assisted by Sri Sushant Chandra, learned counsel for the Directorate of Enforcement, Sri Ajay Singh, learned A.G.A-I for the State and perused the records. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Devendra Singh, seeking enlargement on bail during trial in connection with Crime No. ECIR/LKZO/39/2023, Under Section 3/4 Prevention of Money Laundering Act, P.S. Enforcement Directorate Zonal Office, Lucknow in Special Case No. 03/2023. 4. The facts of the case are that the police of State of Uttar Pradesh lodged three FIR's bearing numbers 414 of 2022 dated 27.8.2022, 434 of 2022 dated 6.9.2022 and 481 of 2022, dated 27.9.2022 under Sections 420, 467, 471 and 120-B IPC, Police Station Hariparvat, Agra alleging therein that on the oral directions of the then Vice Chancellor of Dr. Bheemrao Ambedkar University, Agra to check the procedure of sending copies from the center to agency which was examined in St. John's Collect, Agra and it came to light that the applicant Devender Singh, the driver of tempo no.U.P.80-BT-8736 has been carrying the answer-sheets of the students. The complainant followed the vehicle and noticed some abnormalities in the process of carrying copies of BAMS students from St. John's College, 2 BAIL No. 2875 of 2024 Agra to Digitext Agency. It was further alleged that the tempo carrying the copies of students instead of going to Digitext Agency, got diverted to some other place. The tempo was following a car being numbered as U.P.85 BY 0074. Subsequently, FIR No.434 dated 6.9.2022 and 481 dated 27.9.2022 were registered in continuation of earlier FIR no.414 dated 27.8.2022. It was alleged that after thorough inspection of the BAMS examination copies of R.B Ayurveda Medical College, Agra of the year 2020 and 2021 writings in the copies of 14 students were found different from originals. It was further alleged that after thorough inspection of the copies of the year 2016, 2018 and 2020 of MBBS of FH Medical College, Tundla, writings in the copies of 26 students were found different from original. Agra police SIT discovered 14 changed hand written answer-sheets which were different from the originals. Forged bar codes were impressed on these answer-sheets and thus conspirators availed wrongful gains to themselves. The disputed answer-sheets and booklets were seized from agency Digitext Technologies Pvt. Ltd. and were sent to Forensic Lab, Moradabad, U.P. Later on charge-sheet no.1 dated 22.11.2022 and 2 dated 12.12.2022 were filed in FIR Nos.414, 434, 482 respectively in which Umesh, Bhikam Singh and 8 other persons and staff and other Registrar were made as accused. During investigation of CDRs and accounts statement of the accused persons, it was found that accused persons were in regular contact with each other and there were financial transactions between them. ECIR/LKZO/39/23 dated 2.6.2023 was registered against Devendra Singh and others under Section 3 of PMLA 2002. During investigation it was found that illegal gains have been obtained by the accused persons including employees of Digitext Agency which was hired by Dr. Bheemrao Ambedkar University, Agra, U.P., other persons and even students. Search under Section 17 of MPLA 2002 was conducted at various locations on 12.7.2023 and 2.8.2023. Total 17 premises including residence co-accused, David Mario Denis, his office and residence of employees were searched. 5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is the driver of tempo no.U.P.80-BT-8736 who was found to have taken the answer-sheets to different place instead of going to Digitext Agency. It is further argued that the applicant has been made an accused on the basis of confession of co-accused Deepak Singh. It is further argued that there has been no monitory dealing by the applicant and there is no credible evidence to the effect that the applicant was involved in money laundering. It is further argued that the conclusion as drawn in the complaint that the applicant is a driver of tempo in question in which 3 BAIL No. 2875 of 2024 answer-sheets were carried and is involved in the present matter is without any credible evidence. It is further argued that the applicant is in jail since 20.07.2023 and the trial in the matter is yet to start. 6. Per contra learned counsel for the Enforcement Directorate vehemently opposed the prayer for bail and argued that the applicant is the driver of tempo in which answer-sheets were carried for delivery at the agency Digitext Agency who diverted the vehicle and facilitated various manipulations in the copies of BAMS and MBBS exams. The bail application of the applicant be thus rejected. 7. After hearing the counsel for the parties and perusing the record, it is evident that the applicant is the driver of tempo no.U.P.80-BT-8736 and has been carrying the answer-sheets of the students. There are allegations of swapping of the answer-sheets, printing of forged bar codes and the answer-sheets having different handwriting after the said answers copies were diverted by him and taken to a different location thereby facilitating manipulations in them. The entire examination system was hijacked by the act of the applicant and other gang members. He was thus an active participant in the entire scam. There has been large scale bungling in the same which was found during investigation. 8. Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected. September 24, 2025 Gaurav Kuls (Samit Gopal,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad