Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 13347 (RAJ)

SHALU SHARMA W/O MUKESH KUMAR SHARMA v. THE STATE OF RAJASTHAN

CRLMB/4303/2025 · 2025-04-09

Narendra Singh Dhaddha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:15896] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 7th Bail Application No. 4303/2025 Shalu Sharma W/o Mukesh Kumar Sharma, Aged About 34 Years, R/o 26, Pratap Nagar Choraha, Near Ganpati School, Murlipura, Police Station Murlipura, Jaipur. Rajasthan. (Presently Confined In The Central Jail, Jaipur). ----Petitioner Versus The State Of Rajasthan, Through the PP ----Respondent For Petitioner(s) : Mr. Yogesh Kumar Gupta, Adv. For Respondent(s) : Mr. Onkar Singh Rajpurohit, PP Mr. Manraj Meena, Addl. S.P., SOG, Jaipur HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 09/04/2025 1. The instant 7th bail application has been filed under Section 483 of B.N.S.S. by the petitioner in connection with FIR No.13/2022 registered at Police Station SOG, District Jaipur for the offences under Sections 420 & 120-B IPC and Sections 3 and 10 of the Rajasthan Public Examination (Measures to Prevent Unfair Means in Recruitment) Act, 2022 (later on offence Sections 420 & 120-B IPC and Sections 3, 4 & 5/10 of the Rajasthan Public Examination (Measures to Prevent Unfair Means in Recruitment) Act, 2022 were found to have been made out). 2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. She is behind the bars since 15.05.2022. Main accused Chotu Ram Khadda @ Mohan Lal [2025:RJ-JP:15896] (2 of 3) [CRLMB-4303/2025] has been enlarged on bail by the Hon’ble Apex Court vide order dated 17.02.2025 passed in Petition for Special Leave to Appeal (Crl.) No. 18342/2024. He further submits similarly situated co- accused Bhupendra and Shivlal @ Shiva have also been enlarged on bail by the Coordinate Bench of this Court vide order dated 27.02.2025 passed in Criminal Misc. 2nd Bail Application No. 977/2025 & Criminal Misc. Bail Application No. 1696/2025 on the ground of long custody. Learned counsel for the petitioner further submits that TCS company was responsible for leaking the examination papers. Learned counsel for the petitioner also submits that out of 46 witnesses, statements of 27 witnesses have been recorded by the trial Court so far. Conclusion of trial may take long time. So, the petitioner be enlarged on bail. 3. Learned Public Prosecutor appearing for the State has opposed the arguments advanced by the learned counsel for the petitioner and submits that petitioner is the wife of co-accused Mukesh, who was the owner of the Diwakar Public Secondary School, Jhotwara and the petitioner was Principal of the said school. He also submits that petitioner and other co-accused hatched a conspiracy for leaking the Rajasthan Police Constable Recruitment Examination papers. Petitioner had given a certificate to the effect that at the time of opening the boxes of the examination papers, they were intact and strong room was in right condition. She had given the false certificate with regard to condition of the strong room. So, looking to the gravity of offence and nature of allegations levelled against the petitioner the present 7th bail application filed by the petitioner be dismissed. [2025:RJ-JP:15896] (3 of 3) [CRLMB-4303/2025] 4. I have considered the arguments advanced by learned counsel for the petitioner as well as learned Dy. G A and learned counsel for the complainant. 5. It is an admitted position that petitioner was Principal of Diwakar Public Secondary School, Jhotwara and she is wife of Mukesh, who is owner of said school. Petitioner and other co- accused hatched a conspiracy for leaking the examination papers. Petitioner gave false certificate that at the time of opening of examination papers strong room was in right condition whereas she was absent at the time of opening of the strong room. Papers were opened before commencment of examination. On account of her conspiracy with other co-accused examination papers were leaked. So, looking to the nature of allegations and gravity of the offences levelled against the accused-petitioner, I do not consider it a fit case for grant of bail to the accused-petitioner. 6. Hence, this 7th bail application filed by the petitioner stands dismissed. (NARENDRA SINGH DHADDHA),J Tahir/31