Extracted from the PDF above. The PDF is authoritative.
2025:HHC:20111 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) Nos.:1367, 1369, 1370, 1387, 1426 to 1428 & 1432 of
2025 Reserved on : 24
th June, 2025 Decided on : 27
th June, 2025
1. Cr.MP (M) No.1367 of 2025 Rakesh Kumar
…Applicant Versus State of Himachal Pradesh …Respondent
2. Cr.MP (M) No.1369 of 2025 Rocky
…Applicant Versus State of Himachal Pradesh …Respondent
3. Cr.MP (M) No.1370 of 2025 Amardeep
…Applicant Versus State of Himachal Pradesh …Respondent
4. Cr.MP (M) No.1387 of 2025 Parveen Kumar …Applicant Versus State of Himachal Pradesh …Respondent
2
2025:HHC:20111
5. Cr.MP (M) No.1426 of 2025 Kulvender
…Applicant Versus State of Himachal Pradesh …Respondent
6. Cr.MP (M) No.1427 of 2025 Parveen
…Applicant Versus State of Himachal Pradesh …Respondent
7. Cr.MP (M) No.1428 of 2025 Tarun
…Applicant Versus State of Himachal Pradesh …Respondent
8. Cr.MP (M) No.1432 of 2025 Mohit
…Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant(s) : Mr. Abhishek Sharma, Mr. Shanti Swaroop, Mr. Ravinder Singh Chandel, Mr. Parikshit Sharma, Advocates, and Mr. Suresh Kumar, 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 3
2025:HHC:20111 Advocate
(through
Video Conferencing). For the respondent : Mr. Mohinder Zharaick, Additional Advocate General, assisted by ASI Tej Singh, I.O., Police Station, New Shimla. Virender Singh, Judge The above titled applications, have been filed by the applicants, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release them on bail, during the pendency of the trial, arising out of FIR No.13/2025, dated 18.05.2025, registered, under Sections 10 and 11 of the Public Examination (Prevention of Unfair Means) Act 2024, and Section 61(2) of Bharatiya Nyaya Sanhita, 2023, (hereinafter referred to as the ‘BNS’), with Police Station New Shimla, District Shimla, H.P.
2. According to the applicants, they are innocent persons and have falsely been implicated by the Police, in this case. 3. Investigation of the case is stated to be completed and the applicants are presently in judicial custody. 4
2025:HHC:20111
4. As per the applicants, they are young persons and belongs to respectable families. 5. The
applicants,
have
given
certain undertakings, for which, they are ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial. 6.
Applicants have also tried their luck before the learned Special Judge, Shimla, District Shimla, H.P., by moving similar bail applications, however, the said bail applications have been dismissed, vide order, dated 09th June, 2025. 7. On the basis of the above facts, Mr. Abhishek Sharma, Mr. Shanti Swaroop, Mr. Ravinder Singh Chandel, Mr. Parikshit Sharma, Mr. Suresh Kumar, Advocates, have prayed the applications may kindly be allowed and the applicants may kindly be released on bail. 8. When put to notice, the police has filed the status report, disclosing therein, that on 18.05.2025, Complainant Rekha Bali, Principal, Senior Secondary School, Sector03, New Shimla, made a complaint to Police Station New Shimla, disclosing therein the following facts:
5
2025:HHC:20111
“Subject: Request for Lodging an FIR Against Candidates Caught Using Electronic Devices in JNV Exam Respected Sir/Madam, I am writing to formally report an incident of malpractice that occurred during the Jawahar Navodaya Vidyalaya (JNV) Selection Test conducted on 18th May 2025 at JCB Public School, [Complete Address of School), Centre No 111007 which was one of the designated examination centers. During the conduct of the examination, ten (10) candidates
were
apprehended
using unauthorized electronic devices, which is a serious violation of the examination rules and regulations. The use of such devices clearly indicates an attempt to Indulge in unfair means and manipulate the integrity of the examination process. The details of the incident along with the names and roll numbers of the candidates, statements of the invigilators, and the seized electronic devices are enclosed herewith for your reference and necessary action. In view of the above, I request you to kindly lodge an FIR against these candidates under relevant sections of the Indian Penal Code and any applicable examinationrelated laws, so that strict legal action may be initiated against them as a deterrent to such unfair practices in the future. Detail of The Applicant Sr. No. 1. Rakesh Kumar Roll No.111221816 Room No 06 adhar Card No 484951583503 2.
Kulvender Roll No. 111222227 Room No 27 Adhar Card No 671683705436 3. Mohit Roll No. 111222167 Room No 24 Adhar Card No 309919618007 4. Traun Roll No. 111221769 Room No 2 Adhar Card No 618735318214 5. Parveen Kumar Roll No. 111222095 Room No. 21 F2FPP 1224L (PAN CARD) 6. Rocky Roll No. 111222195 Room No. 25 Adhar Card No. 708635027459 7. Parveen Roll No. 111221771 Room No 2 Adhar Card No 255684405427 8. Amandeep Roll No. 111222238 Room No 27 Adhar Card No 91797054982 Note: During the time of Investigation an attempt was made to catch the candidates but two of the candidates i.e.
6
2025:HHC:20111 Mandeep Kumar Roll No. 111222071 and Aman roll No. 111222036 Fled the scene by scaling the school wall. Thanking You. Yours Faithfully Sd/ Rekha Bali"
9. On the basis of the above facts, the police registered the FIR, in question. The said complaint was made by the complainant, when she has informed the Police about the fact that in JCB School, 9 young men have been apprehended for using unauthorized electronic devices. Thereafter, the police reached at the spot, where the complaint was submitted and thereafter, the police machinery swung into motion. 10. Thereafter, the investigation of the case was entrusted to SIT. The SIT was supervised by Additional Superintendent of Police (City), Shimla, with SHO, Police Station New Shimla, as the Investigating Officer. The team comprised of one Dy.SP, 2 Inspectors, one Sub Inspector, two Assistant SubInspectors, one Head Constable, 2 constables. 11. During investigation, on 18.05.2025, the electronic devices, which were allegedly used by the accused persons have been taken into possession through
7
2025:HHC:20111 seizure memo. Statements of material witnesses were recorded under Section 180 of the BNSS. 12. It is the further case of the police that the all the accused persons were arrested on 19.05.2025 at Police Station New Shimla. Thereafter, they were produced before the Court on 20.05.2025, from where, they were remanded to the police custody for three days.
13. It is the further case of the police that during investigation, it was found that there is a nexus behind the unfair means used by the accused persons, which needs to be unearthed. The crime in question is stated to be an organized crime and masterminds of the same are yet to be identified and then confrontation with the accused persons is also required. 14. According to the Police, when the mastermind of the crime, in question will be identified and arrested, then the said person is required to be confronted with the accused persons. The mobile phones of the accused persons were taken into possession and sent for analysis, where, it has been found that whatsapp chat and other data, like call logs have been deleted. 8
2025:HHC:20111
15. It is the further case of the Police that applicants Parveen and Rakesh Kumar have stated the recognisable identity of their handler, but the other accused persons are not revealing the phone number and identity of the their organizer. 16. It is the further case of the police that CDRs of the Sim cards, which were used in the electronic devices by the accused persons, for cheating were obtained and checked and it was found that the IMEI number of all the electronic devices is same, which is not possible, without the involvement of technical hand behind it. 17. Lastly, it has been pleaded that the accused persons are in judicial custody till 03.07.2025
18. On the basis of the above facts, a prayer has been made that the investigation is in its preliminary stage and a lot of crucial evidences are yet to be collected, as such, the applications may kindly be dismissed. 19.
Applicant Rakesh Kumar has given his age, in the application as 29 years, applicant Rocky has given his age, in the application, as 21 years, applicant Amardeep has given his age, in the application, as 27 years, applicant
9
2025:HHC:20111 Parveen Kumar has given his age, in the application as 23 years, applicant Kulvinder has given his age, in the application as 20 years, applicant Praveen has given his age, in the application as 23 years, applicant Tarun, has given his age, in the application as 25 years and applicant Mohit, has given his age, in the application as 22 years. 20. Keeping in view the young age of the applicants, this Court is of the view that when the custodial interrogation of the applicants is not required by the Police and the applicants are in judicial custody, then keeping the applicants in the judicial custody, that too, in the company of hardened criminals, will certainly affect their future, adversely. 21. Moreover, the bail applications cannot be rejected as a matter of punishment as pretrial punishment is prohibited under the law. Punishment can only be imposed, after the full fledged trial. 22. The role allegedly played by the applicants in the commission of the alleged crime, for which, they have been named, as accused, will be proved during the trial. 10
2025:HHC:20111
23. Even otherwise, except the present case, no other criminal history of the applicants has been mentioned, in the status report. As such, presumption of innocence is still available to the applicants. 24. So far as the stand of the Police that the mastermind and handler of the accused persons is yet to be arrested and confronted with the applicants, is concerned, on this vague plea, the relief, for which, the applicants are otherwise entitled to, cannot be declined to them. 25. Even otherwise, directions can be issued to the applicants to join the investigation, as and when directed by the I.O. to do so, in case they are ordered to be released on bail. 26.
Merely, on account of the fact that the applicants are from the adjoining State, the bail cannot be declined to the applicants, as, in order to secure their presence, reasonable conditions can be imposed upon them. 27. Considering all these facts, this Court is of the view that the bail applications are liable to be allowed and
11
2025:HHC:20111 are accordingly allowed. The applicants are ordered to be released on bail in case FIR No.13 of 2025, dated 18.05.2025, registered, under Sections 10 and 11 of the Public Examination (Prevention of Unfair Means) Act 2024, and Section 61(2) of the BNS, with Police Station, New Shimla, H.P., on their furnishing personal bonds, in the sum of Rs.50,000/, each with one surety, each, in the like amount, to the satisfaction of learned Chief Judicial Magistrate, Shimla. 28. This order of release, however, shall be subject to the following conditions :
“a) Applicants shall join the investigation, as and when directed by the I.O., to do so, and shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;
b) Applicants shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) Applicants shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer; and d) Applicants shall not leave the territory of India without the prior permission of the Court.”
12
2025:HHC:20111
29. Any of the observations made herein above shall not be taken as an expression of opinion on the merits of the case as these observations are confined only to the disposal of the present bail application. 30. It is made clear that the respondentState is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by any of the applicants. 31.
The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail, Kaithu, District Shimla, through email, with a direction to enter the date of grant of bail in the eprison software. 32. In case, the applicants are not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, District Jail, Kaithu, District Shimla, is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of Jail, District Jail, Kaithu, District Shimla, is further directed that if the applicants fail to furnish the bail bonds, as per the order
13
2025:HHC:20111 passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court. ( Virender Singh ) Judge June 27, 2025 (ps) Digitally signed by RAJNI Date: 2025.06.27 14:14:45 IST