Kunjilal Chouksey vs The State Of Madhya Pradesh
2023 Latest Caselaw 7121 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                    BEFORE
                                  HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                 ON THE 2 nd OF MAY, 2023
                                        MISC. CRIMINAL CASE No. 14827 of 2023

                          BETWEEN:-
                          KUNJILAL CHOUKSEY S/O SHRI NARAYAN CHOUKSEY,
                          AGED ABOUT 54 YEARS, OCCUPATION: WORKING AS
                          PRINCIPALL ( INCHARGE ) GOVT. C.M. RISE MODEL
                          SCHOOL TENDUKHEDA DISTRICT DAMOH          R/O
                          SHIKSHAK COLONY TENDUKHEDA DISTRICT DAMOH
                          (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (BY SHRI MANISH TIWARI - ADVOCATE )

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION TENDUKHEDA DISTRICT DAMOH (MADHYA
                          PRADESH)

                                                                                       .....RESPONDENT
                          (BY SHRI PRADEEP GUPTA - GOVT. ADVOCATE )

                                This application coming on for admission this day, the court passed the
                          following:
                                                             ORDER

This is first bail application filed by the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail relating to FIR No. 121/2023 dated 20.3.2023 registered at Police Station- Tendukheda, District-Damoh for the offence under Sections 420, 120B of IPC, Section 3(A)/4 of M.P. Manyata Prapta Pariksha Adhiniyam, 1937, Section 3/4 of Pariksha Adhiniyam, 1982 and Section 66 of IT Act, 2000.

As per the prosecution story on 20.3.2023 examination of Physics paper Signature Not Verified Signed by: DEEPA MISHRA Signing time: 5/3/2023 2:39:51 PM

of 10th Class of M.P. Higher Secondary Board was to be conducted. District Education Officer S. K. Mishra informed Block Education Officer B. K. Dongre that 10th Class Science paper has been leaked from Govt. Higher Secondary School, Sailwada. The matter was into by BEO and class IV employee- Chotu Rajak's Whatsapp on his mobile was checked and in it one message was found deleted. In interrogation Chotu Rajak informed that as per directions of Center Head F. L. Patel, Assistant Center Head P. L. Patel and Teacher Ram Prasad Gotiya, at around 8.20 A.M. he forwarded/ leaked science paper through whatsapp on his Mobile No.7999551662. It is alleged that leaked paper was forwarded by him on the whatsapp of the mobile of Poonam Singh

R/o Tendukheda Mobile No.6261977052, Mobile No.9752852010 of Kunjilal Chouksey, Mobile No.6261622095 of Gudda Pal and Mobile No.8770613627 of Sudeep @ Bhanu Garg R/o Tendukheda. It is alleged that aforesaid examination paper of Class 10th was leaked/ forwarded at the behest of F.L.Patel, S.L.Patel, Chotu Rajak and was sent to Poonam Singh, Kunjilal Chouksey, Gudda Pal and Sudeep @ Bhanu Garg. It is further alleged that these people had leaked science paper for wrongful gain and as such they have violated the sanctity and secrecy of the examination.

Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. He is Head Master in some other school and not in the school through which paper was leaked through Whatsapp. Applicant is suffering from number of diseases. He is 54 years old man with no criminal antecedents. Learned counsel further submits that the Collector in his Whatsapp statement has not made any statement against the present applicant. He placing reliance on the judgment of Arnesh Kumar Vs. State of Bihar and another reported in Signature Not Verified Signed by: DEEPA MISHRA Signing time: 5/3/2023 2:39:51 PM

(2014)8 SCC 273 has submitted that in such cases arrest is not necessary. Therefore, it has been prayed that applicant be released on anticipatory bail.

On the other hand learned counsel for the State has opposed grant of anticipatory bail to the applicant and has submitted that Call Detail Record between Kunjilal Chouksey and others just before leakage of paper is available. It is further submitted that Science paper was leaked / forwarded through Whatsapp of Chotu Rajak and was forwarded to Kunjilal Chouksey and others, therefore, seizure of Kunjilal Chouksey's mobile is necessary to collect the evidence as to whom leaked paper was forwarded from Kunjilal's mobile. It is submitted that it is a case where custodial interrogation of Kunjilal Chouksey is necessary to bring out the truth. Therefore, he has prayed for rejection of anticipatory bail application.

In this case, clear cut allegations are made that leaked science paper was forwarded on the whatsapp of Mobile No.9752852010 belonging to Kunjilal. The seizure of mobile and retrieval of Whatsapp chat/ messages between Kunjilal Chouksey, Chotu Rajak and others has to be verified therefore, seizure of his mobile and custodial interrogation appears necessary. It is a case in which science paper of the State Board's 10th Class examination has been leaked by some of the school teachers, Principal and Centre head etc..

Therefore, without expressing any opinion on the merits of the case, but

for the reasons mentioned hereinabove, I am of the view that it is not a fit case for grant of anticipatory bail. Accordingly, this first anticipatory bail application filed on behalf of Kunjilal Chouksey is dismissed.

(DINESH KUMAR PALIWAL) Signature Not Verified Signed by: DEEPA MISHRA Signing time: 5/3/2023 2:39:51 PM

JUDGE mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 5/3/2023 2:39:51 PM