RAHUL KUMAR S/O MAHAVEER v. THE STATE OF RAJASTHAN
CRLMB/8429/2025 · 2025-08-07
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22727 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22727 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:30406] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8130/2025 Aakash Tiwari Son Of Shri Girraj Singh, Resident Of Gadhi Vin- tipura, Police Station Mania, District Dholpur (Raj) ( At Present Confined In District Jail Dholpur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 8429/2025 Rahul Kumar S/o Mahaveer, R/o Village Kharagpur, Tehsil Saipau, District Dholpur, Police Station Kolari, District Dholpur. (Presently Confined At District Jail, Dholpur). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Dushyant Jain Mr. Udit Sapta Mr. Manish Kumar for Mr. Ankur Singh Tomar For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 07/08/2025
1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.321/2025 registered at Police Station Kotwali Dholpur, District Dholpur (Rajasthan) for the offences punishable under Sections 319(2), 318(4) & 61(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Sections 3 &
[2025:RJ-JP:30406] (2 of 3) [CRLMB-8130/2025] 10 of Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2022.
2.
Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. Counsel submit that it has been alleged against the petitioners that they were appearing in the examination as dummy candidate. Counsel submit that charge-sheet has been filed in this matter. Counsel submit that there are no criminal antecedents of the petitioners and trial will take considerable time in its conclusion. Petitioners are in custody since 02.06.2025 and further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. He submits that there is serious allegations against the petitioners that they were appearing in the examination as dummy candidate.
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 petitioners, as also the fact that charge-sheet has been filed in this matter; there are no criminal antecedents against the petitioners and trial will take considerable 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 fit and proper to allow these bail applications.
6. These bail applications are accordingly allowed and it is
directed that accused-petitioner-(1) Aakash Tiwari Son Of Shri Girraj Singh & (2) Rahul Kumar S/o Mahaveer shall be
[2025:RJ-JP:30406] (3 of 3) [CRLMB-8130/2025] released on bail provided each of them 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 they shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
7. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station.
8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners. In case the petitioners fail to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.
9. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to them by this Court.
10. Office is directed to send a copy of this order to the concerned SHO for necessary compliance.
11. The observations made hereinabove are 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 LALIT MOHAN /170-171