[2025:RJ-JP:30888] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7769/2025 Vivek S/o Bachchu Singh, Aged About 22 Years, R/o Village Kharagpur, Police Station Kolari, District Dholpur (Raj.) (At Present Accused Petitioner Confined In District Jail Dholpur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Malkhan Chaturvedi For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/08/2025 1 This instant application for bail filed under Section 483 of BNSS by the applicant-accused Vivek S/o Bachchu Singh in FIR No. 320/2025 dated 01.06.2025 registered at P.S. Kotwali Dholpur, District -Dholpur, whereby the applicant- accused has charged under Sections 319(2), 318(4), 61(2) of BNS and 3, 10 of Rajasthan Public Examination (Measures of Unfair Means in Recruitment) Act, 2022. 2 The applicant was arrested on 02.06.2025 and is in judicial custody since then. The Court below has dismissed the bail application. 3 Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. He also submits that this applicant is allegedly appearing as dummy [2025:RJ-JP:30888] (2 of 3) [CRLMB-7769/2025] candidate in Open University Examination. This applicant is not a part of gang or organized group rather his act is to help his own friend and police has framed as if it is a case of appearing as dummy candidate after taking money. He also submits that investigation is completed and no recovery is effected from the applicant and a charge-sheet has been filed. He also referred attendance of Pre D.EL.Ed. Examination, 2025 and submits that name of present applicant is not found in the list. Further, he submits that the investigation relating to present applicant-accused is completed and is no more required by the Investigating Agency for investigation. He further assures that in case, the applicant-accused is required for further investigation, the applicant-accused will be available for such investigation. At last, he submits that there is no criminal antecedents against the applicant. 4 Aforesaid contentions were opposed by learned Public Prosecutor. 5 Heard learned counsel for the applicant-accused along with learned Public Prosecutor. Perused the material placed on record. 6 As per facts of the case, this applicant-accused is appearing as dummy candidate in place of Luckey Andhana in Pre D.EL.Ed. Examination, 2025. The investigation is completed and charge-sheet has been filed. This applicant-accused is in custody since 02.06.2025. 7 Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in [2025:RJ-JP:30888] (3 of 3) [CRLMB-7769/2025] the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 8 Thus, the instant bail application filed on behalf of applicant- accused Vivek S/o Bachchu Singh, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MONU /175