MAHENDRA KUMAR SON OF GULABARAM v. THE STATE OF RAJASTHAN
CRLMB/5510/2025 · 2025-07-29
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16698 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16698 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:28765] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5510/2025 Mahendra Kumar Son Of Gulabaram, Aged About 30 Years, Resident Of Pabunagar, Barsingo Ka Bas, Police Station Matoda, District Falodi, At Present Patwari, Patwar Halka Sanwalta, Tehsil Rani, District Pali (At Present In Central Jail Jaipur) ----Accused/Petitioner Versus The State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Rajesh Kumar Sharma, Adv., with Mr. Sarthak Chaudhary, Adv., and Mr. Gaurav Sharma, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, 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.96/2024 registered at Special Police Station (SOG), District ATS and SOG for the offences punishable under Sections 419, 420, 467, 468, 471 & 120B of IPC and Sections 3, 4 & 6 of the Rajasthan Public Examination (Prevention of Unfairmeans) Act, 1992. 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.
Learned counsel submits that alleged offences are triable by Magistrate. He further submits that the FIR has been registered
[2025:RJ-JP:28765] (2 of 3) [CRLMB-5510/2025] after three years from the date of examination in which dummy candidate allegedly appeared on behalf of the petitioner. He argues that charge-sheet has been filed, but investigation agency failed to produce the person, who appeared as dummy candidate on behalf of the petitioner. He further argues that there are no criminal antecedents against the petitioner and trial of the case will take considerable time in its conclusion. He contends that the petitioner is in custody 03.04.2025 and further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner.
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 the fact that alleged offences are triable by Magistrate; charge-sheet has been filed; absence of criminal antecedents and trial will take time in its conclusion as well as looking to the period of custody, 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 - Mahendra Kumar Son Of Gulabaram 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
[2025:RJ-JP:28765] (3 of 3) [CRLMB-5510/2025] Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
7. The observation made hereinabove is 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 MADAN/104