[2025:RJ-JP:19997] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 5th Bail Application No. 5941/2025 Mukesh Kumar Sharma S/o Sh. Nandram Sharma, R/o 26, Pratap Nagar Choraha, Murlipura, Jaipur, Rajasthan. (Presently Confined In The Central Jail, Jaipur). ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Dr. Yogesh Kumar Gupta, Adv. For Respondent(s) : Mr. Amit Punia, Addl. GA HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 13/05/2025 1. The 5th 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 S.O.G., Jaipur for the offences under Sections 420, 120B IPC and Sections 3, 10 of Rajasthan Public Examination (Prevention of Unfair Means) Act (later on offence(s) under Sections 420, 120B IPC and Sections 3, 4, 5/10 of Rajasthan Public Examination (Prevention of Unfair Means) Act were found to have been made out). 2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He is behind the bars since 17.05.2022. Charge-sheet has been filed against the petitioner. Learned counsel for the petitioner also submits that main accused Choturam has been enlarged on bail by Hon’ble Apex Court. Similarly situated co-accused Bhupendra and Shivlal [2025:RJ-JP:19997] (2 of 3) [CRLMB-5941/2025] have also been enlarged on bail by the Co-ordinate Bench of this Court in S.B. Criminal Misc. 2nd Bail Application No.977/2025 and S.B. Criminal Misc. Bail Application No.1696/2025 vide order dated 27.02.2025. Learned counsel for the petitioner also submits that there is no specific evidence against the petitioner that the petitioner was involved in the paper leak episode. Conclusion of trial may take long time. So, the petitioner be enlarged on bail. 3. Learned Additional Government Advocate appearing for the State has opposed the arguments advanced by learned counsel for the petitioner and submits that petitioner is owner of Diwakar Public Secondary School, Jhotwara and paper was leaked from this school. Petitioner and other co-accused hatched a conspiracy for leaking the paper. The petitioner impersonated Choturam as Mohan Lal and assigned him the examination duty as invigilator. He had also received Rs.8 lac from Choturam for leaking out the examination paper. Transaction diary was also recovered from the possession of the petitioner. So, the 5th bail application filed by the petitioner be dismissed. 4. I have considered the arguments advanced by learned counsel for the petitioner as well as learned Additional Government Advocate. 5. It is an admitted position that petitioner is owner of Diwakar Public Secondary School, Jhotwara, from where examination paper leaked. Petitioner and other co-accused hatched a conspiracy and impersonated Choturam as Mohan Lal and assigned him the examination duty as invigilator to leak out the examination paper. Diary was recovered from the possession of the petitioner in which [2025:RJ-JP:19997] (3 of 3) [CRLMB-5941/2025] entries were made regarding receiving Rs.8 lac from Choturam @ Mohan Lal. As many as 7 criminal cases are pending against the petitioner out of which 2 are regarding paper leaking. So, looking to the gravity of offence, I do not consider it a fit case to enlarge the petitioner on bail. 6. Hence, the 5th bail application filed by the petitioner stand dismissed. (NARENDRA SINGH DHADDHA),J Jatin /02