Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:3811] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16167/2024 Avinash Palsaniya S/o Shri Ramkaran, Aged About 26 Years, R/o Dhani Kakda Wali, Ward No.1, Police Station Shahpura, District Jaipur Rural (Raj.) (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State of Rajasthan, through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 21/2025 Siddarth Yadav S/o Rajendra Kumar Yadav, Aged About 30 Years, R/o A-35, Kumawat Colony, Khatipura Road Jhotwara, Police Station Jhotwara, Jaipur. (At Present Confined In Central Jail, Jaipur). ----Petitioner Versus State of Rajasthan, through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 196/2025 Monika D/o Jogendra Singh, Aged About 31 Years, R/o Nuniya Godra, Thana Baggad, Tehsil Chirawa, District Jhunjhunu. Presently Peace Apartment, 835, Rani Sati Nagar, Near Kudki Heritage, Police Thana Shyam Nagar, Jaipur, Rajasthan. (Presently Confined In Central Jail Jaipur, District Jaipur). ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Arpit Dotasra Mr. Asgar Khan Mr. Anil Choudhary For Respondent(s) : Mr. Anurag Sharma, SPP alongwith Ms. Shreya Hatila HON'BLE MR. JUSTICE GANESH RAM MEENA
Order
[2025:RJ-JP:3811] (2 of 3) [CRLMB-16167/2024] 27/01/2025
1. These bail applications have been filed by the accused petitioners u/S 483 BNSS in connection with FIR No. 273/2024 registered at Police Station (SOG), District ATS & SOG for offences under Section 419, 420 and 120B IPC, Sections 4,5 and 6 of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992 and u/S 66D of IT Act.
2. Learned counsels for the accused petitioners submit that the accused petitioners have been falsely implicated in this case. Counsels further submit that the allegation against the accused petitioners is that they have read the solved question paper on the mobile soon before the exam. Counsels also submit that accused petitioner Avinash Palsaniya is in custody since 31.08.2024, accused petitioner Siddarth Yadav is in custody since 16.12.2024 and the accused petitioner Monika is in custody since 09.10.2024. Counsels also submit that the allegation against the accused petitioners are triable by Magistrate and the maximum punishment provided under the Law is three years’ imprisonment.
3. Learned Special Public Prosecutor, Mr. Anurag Sharma vehemently opposed the bail applications and submits that there are serious allegations against the accused petitioners who have obtained the solved question paper on their mobiles from the persons who leaked the question paper. He further submits that the allegations against the accused petitioners are of serious nature as their conduct and act has influenced the complete recruitment process.
4. Considered the submissions made at bar and also perused the challan papers.
[2025:RJ-JP:3811] (3 of 3) [CRLMB-16167/2024]
5. This Court, on consideration, finds that the bail applications of similarly situated persons namely; Karanpal Godara, Ekta, Manohar Lal, Surendra Kumar, Rohitashwa Kumar, Premsukhi, Abhishek Vishnoi, Rajeshwari, Neeraj Kumar & Praveen Kumar was allowed vide order dated 22.11.2024.
6. Taking into consideration the overall facts and circumstances of the case and more particularly the fact that the above named co-accused persons have already been enlarged on bail and the case of the present accused petitioners is in no manner distinguishable from the case of co-accused, who have already enlarged on bail, this Court, without expressing any opinion on merits/demerits of the case, deems just and proper to enlarge the petitioners on bail.
7. Accordingly, these bail applications are allowed and it is
directed that accused-petitioners shall be released on bail provided that they furnish a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only)(each), together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the Trial Court with the stipulation that they shall appear before that Court or any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
8. A copy of this order be placed in connected file(s).
(GANESH RAM MEENA),J GAURAV SRIVASTAVA /31,37,40