Extracted from the PDF above. The PDF is authoritative.
2025:HHC:28403 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. :
1879
of 2025 Reserved on :
18 th August
, 2025 Decided on
: 22
nd August
, 2025 Ronam …Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. Shanti Swaroop, Advocate. For the respondent : Mr. H.S. Rawat, Additional Advocate General. Virender Singh, Judge ApplicantRonam, apprehending her arrest, in case FIR No.68 of 2025, dated 18.05.2025, registered, under Sections 10 and 11 of the Public Examination Act (Prevention of Unfair Means) Act 2024 and Sections 61(2) and 111 of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘BNS’), with Police Station, Dhalli, District Shimla, has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’). 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:28403
2. By way of the present application, indulgence of this Court has been sought to direct the Police/ Investigating Officer of Police Station Dhalli, District Shimla, H.P., to release her on bail, in the event of her arrest, in the above noted case. 3. The relief, as claimed, in the application has been sought on the ground that the applicant is innocent person and has falsely been implicated and named as accused, in this case, by the Police. 4. According to the applicant, she has joined the investigation on 18.05.2025 and 19.05.2025 and her sim card and blue tooth device were taken into possession by the Police. 5. It is the further case of the applicant that on 18.05.2025, when she was coming out from the Police Station, she met with an accident and got an injury on her right ankle (soft tissue injury) on the right leg and thereafter, she immediately rushed back to her home for treatment. 6. According to the applicant, compelled by the circumstances, she had gone to her native place and
3 2025:HHC:28403 remained admit at Rajiv Gandhi Government General Hospital Alwar, Rajasthan, for treatment. Even, she had sent her mobile phone through registered parcel on
15.07.2025. 7. The applicant has also tried her luck by moving similar application before the Court of learned Additional Sessions Judge (C.B.I. Court), Shimla, however, the same was dismissed on 09.06.2025. 8.
Apart from this, learned counsel appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, any direction is issued, under Section 482 BNSS. 9. Apart from the above, the applicant has also sought the relief of bail, on the ground of parity, as her co accused have been released on bail, by the Court of learned Additional Sessions Judge (C.B.I. Court), Shimla. 10. On the basis of the above facts, a prayer has been made to allow the application. 11. When put to notice, the police has filed the status report on 01.08.2025, disclosing therein, that as per rapat No.29, dated 18.05.2025, Neeraj Verma, Principal
4 2025:HHC:28403 Saraswati Paradise International Public School Sanjauli, Shimla, telephonically informed the police that the examination for ‘NVC NonTeaching Recruitment and LDCE Examination, May 2025’, had been scheduled to be held in the School and during examination some of the candidates were found copying, upon which the police reached the spot, where, Neeraj Verma, Principal Saraswati Paradise International Public School Sanjauli, has produced the written complaint :
“ The SHO Thana Dhalli. 18 may, 2025. SubjectComplaint Regarding use of unfair means by some candidates in the NVS Non teaching recruitment & LDCE examination, May
2025. Respected Sir, this is to bring to your kind notice that today on 18 may, 2025 our institution Sarswati Paradise International Public School H.B Colony Sanjauli was the center of NVS Non teaching & LDCE recruitment examination, 2025 during frisking by the invigilators in their respective rooms the following candidates have been found resorting to unfair means during the exam and in possession of debarred items 1. Name Rahul (2 ear bud & blue tooth device) Roll No. 111221308 address S/O Narinder Singh, Kheri lochap (77) Kheri Jalab Hisar Haryana 125039, Room No. 2, Invigilators name Mr. Ajay & Mr Adarsh. 2.
Name Ajay (ear bud & blue tooth device), Roll No 111221402 address S/o Joginder Singh, 102 Jandil Kalan, Jandil Kalan (91) Fatehabad Haryana125111. Room No 6 Invigiators name Mrs Jyoti & Mrs Nisha. 3. Name Nitin (ear bud & blue tooth device) Roll No 111221407 Address S/O Manoj, 576 Gari Sisana, Gari
5 2025:HHC:28403 Sisana (27R) Sonipath Hariyana 131408, Room No 7. Invigilators Name Mr. Parul & Mrs Anita. 4. Sandeep Kumar (ear bud & blue tooth device) Roll No 111221430 Adress S/O Prem Singh Village Dhani Kumaran, Patharwa (2) Mahendergarh, Haryana123024, RooM No 8, Invigilator name Mrs Minakshi & Mrs Madhubala. 5. Akash (ear bud & blue tooth device) Roll No 111221488 Adress S/O Nuna Ram, Yadev Mohalla Jamalpur (40) Bhiwani Haryana 127035. Room No 10, Invigilator nameMrs Shilpa & Mrs Asha. 6. Ajay (ear bud & blue tooth device) Roll No 111221495 Adress S/O Narinder, Majrapana Gorad Gorar (52R) PO Gorar Distt Sonipath Haryana131408, Room No 10, Invigilator name Mrs Shilpa & Mrs Asha. 7. Shivam Khatri (One car bud) Roll No 111221580 Adress S/O Joginder House No 490 Pana vdyan Narela PO Narela Distt North west Delhi 110040, Room No 14, Invigilator name Mr. Santosh & Mrs Lata. 8. Dinesh Nain (car bud & blue tooth device) Roll No 111221627, Adress C/O Suresh near Dadakhera, Harnampura PO Phullian Kalan Distt. Jind, Hayana126116, Room No 16, Invigilator nameMrs Shivani & Mr. Churamani. 9. K.M Kalpna (ear bud & blue tooth device) Roll No 111221634. Adress C/O Sandeep Village Chitana, Chitana (200) Sonipath, Hariyana131024, Room No 16, Invigilator name Mrs Shivani & Mr Churamani. 10. Monu Kumar (ear bud & blue tooth device) Roll No 111221662 Adress S/O Tej Pal, 11/378 Gali no 8 Vijay Nagar Gurana Road near Shiv Mandir Baraut PO Baraut Distt. Bagpath (UP) 250611, Room No 17, Invigilator name Mrs Shaweeta & Ms Vanshita. 11. Pooja (ear bud & blue tooth device) Roll No 111221710 Adress D/O Man Singh, Nishal, Churu, Rajasthan 331303, Room No 19, Invigilator name Mr Sanjeev & Mrs Archan. 12. Ronam (ear bud & blue tooth device) Roll No 111221376 Adress C/O Saddik Khan, Gobind Nagar, Janta colony.
Sentaslam School ke Piche, Alwar PO Alwar, Distt Alwar, Rajstan30100. Room No 5,
6 2025:HHC:28403 Invigilator name Mrs Anupriya & Mrs Hameela. The avidences have been attached herewith for you refrence. As per the mail received from (TET Unit, Delhi, You are requested to take necessary Action. Thanking you. Sd Neeraj Verma”
12. On the basis of the above facts, the police registered the case and criminal machinery swung into motion. 13. During investigation, spot map was prepared and photography and videography was done. During investigation, along with other coaccused, involvement of accused Ronam, daughter of Sadeek (applicant) was found and eleven electronic blue tooth devices, along with Sim Cards, twelve blue tooth ear buds, which were produced by the complainant before the police and were taken into possession. 14. All the three lady accused were bound down under Section 35(3) of the BNSS, whereas, other co accused were associated in the investigation and were arrested. Applicant Ronam was associated and notice, under Section 35 (3) of the BNSS, was served upon her, however, when the applicant again contacted, she is stated to be evading the process of law. 7 2025:HHC:28403
15. Lastly, a stand has been taken that on 18.05.2025, during night, Ronam, along with other ladies Kalpna and Pooja, were associated and on 19.05.2025, at about 11.00 a.m., they have been bound down to join the investigation, as per the provisions of Section 35(3) of the BNSS. According to the State, her custodial interrogation is required to ascertain her associates, who allegedly committed the organized crime. 16. Lastly, it has been admitted that other eleven coaccused have been released on bail and report from FSL Junga is still awaited. 17. After perusing the above status report, interim protection was granted to the applicant and the matter was adjourned to 08.08.2025. 18. On 08.08.2025, the Police filed the supplementary status report, disclosing therein, that the applicant has joined the investigation on 4.8.2025 and
5.8.2025.
As per her alleged revelation, 15 days prior to the examination, two persons, namely, Mahender and Anil Bhaskar, met her. Thereafter, they had asked them to pay Rs.3,00,000/ in lieu of solving the question paper, upon
8 2025:HHC:28403 which,Rs.1,50,000/ was agreed to pay after the exam and Rs.1,50,000/ after declaration of the result. 19. The examination of the applicant, at Shimla, was on 18.05.2025, as such, she reached Rohtak on
17.05.2025. On 17.05.2025, at about 11.00 p.m., Mahender and Anil, met her at Rohtak, who had given her a blue tooth device, along with ear buds. As per the directions, she has purchased a Sim Card. The Sim Card was to be used on the same device. 20. On 18.05.2025, the applicant reached Saraswati Paradise School at about 7.30 a.m. and the examination was scheduled to be held on 9.00 a.m. to 12.00 noon. In the morning at about 9.10 a.m., she was caught, by the examiner. 21. The police, in the status reports, so filed, has not mentioned even a single sentence with regard to the fact that the custodial interrogation of the applicant is required. 22. The role attributed to the applicant, in the commission of the alleged crime will be proved during the trial. 9 2025:HHC:28403
23. When, the police is not able to make out a case for custodial interrogation of the applicant, then, dismissing the application would be nothing, but, pretrial punishment, which is prohibited under the law. The punishment can only be inflicted after the fullfledged trial, as, it is the golden principle of criminal jurisprudence that the accused is presumed to be innocent, until proven guilty by the competent Court of law. 24. Considering all these facts, the interim order dated 01.08.2025, passed by this Court, is liable to be made absolute and is hereby made absolute.
Therefore, it is ordered that the applicant be released on bail, in the event of his arrest, in case FIR No.68 of 2025, dated 18.05.2025, registered, under Sections 10 and 11 of the Public Examination (Prevention of Unfair Means) Act, 2024 and Sections 61(2) and 111 of the BNS, with Police Station, Dhalli, on her furnishing personal bond, in the sum of 5 ₹ 0,000/, with one surety of the like amount, to the satisfaction of the Investigating Officer. This order, however, shall be subject to the following conditions :
10 2025:HHC:28403 a) That the applicant will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; b) That the applicant will not leave India, without prior permission of the Court; c) That the applicant will not, directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the Investigating Officer or the Court; and d) That the applicant 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. 25. Any of the observations, made hereinabove, 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 application. 26. It is made clear that the respondentState is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by the applicant. ( Virender Singh ) Judge August 22, 2025 (ps)