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2025 DAILYLAW 10066 (RAJ)

HARDANA RAM S/O LATE BABULAL v. STATE OF RAJASTHAN

CRLMB/3359/2025 · 2025-07-29

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:28778] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3359/2025 Hardana Ram S/o Late Babulal, Aged About 30 Years, R/o Village Siya, Post Rajiv Nagar, Tehsil Police Station And District Sanchore, Presently P.T.I. Government Higher Secondary School, Virdo Ki Dhani, Gudamalani, Barmer. (At Present Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Gajveer Singh Rajawat For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 29/07/2025 1. The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.59/2024 registered at Special Police Station (SOG), District ATS & SOG for the offences punishable under Sections 419, 420, 467, 468, 471 & 120B of IPC and Sections 3, 4, 6, 7 & 10 of Rajasthan Public Examination (Use of Unfair Means) Act, 2022. After completion of investigation, police filed charge-sheet in this matter. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. It is submitted that petitioner has been arrested in this case without any evidence. It is submitted that co-accused, who is sister in-law of the petitioner and who got appointment, has already been [2025:RJ-JP:28778] (2 of 3) [CRLMB-3359/2025] granted benefit of bail by Co-ordinate Bench of this Court. Counsel contends that petitioner is in custody since 07.09.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. He submits that there is serious allegation against the petitioner that he appeared as dummy candidate on behalf of original candidate and deprived a genuine candidate from appointment. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, especially considering the material available on record in the form of charge-sheet as also considering the fact that petitioner is in custody since 07.09.2024, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Hardana Ram S/o Late Babulal, shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. It is made clear that the accused-petitioner shall not involve [2025:RJ-JP:28778] (3 of 3) [CRLMB-3359/2025] in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 10. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to him by this Court. 11. The observations made hereinabove are only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /58