[2025:RJ-JP:28489] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous IInd Bail Application No. 9047/2025 Rakesh Kaswan S/o Shri Muniram Kaswan, Aged About 23 Years, R/o Kesardesar Jatan, Police Station Deshnok, District Bikaner (At Present Accused Petitioner Is In Judicial Custody At Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Akshay Sharma For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 29/07/2025 1. The instant second bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.9/2025 registered at Police Station Special Police Station (S.O.G.) District ATS & SOG for the offence(s) under Sections 420, 467, 468, 471 and 120-B of IPC and Sections 3, 4, 6, 2(f)(ii) and 10 of Rajasthan Public Examination (Measures For Prevention of Unfair Means in Recruitment) Act, 2022. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is contended that the first bail application of the petitioner was dismissed as not pressed with the liberty to file afresh after filing of the charge-sheet. He further submits that the accused- petitioner is in custody since 30.01.2025 and charge-sheet has [2025:RJ-JP:28489] (2 of 3) [CRLMB-9047/2025] already been produced before the concerned court. Learned counsel further submits that other co-accused persons Suman Devi, Dropadi Sihag and Sunita have already been enlarged on interim bail by the Hon'ble Apex court in Special Leave to Appeal (Criminal) Nos. 8806/2025, 8647/2025 and 8788/2025. The case of the present petitioner is akin to the case of other co-accused persons who have granted interim bail, therefore, considering the above facts, the second bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the bail application. It is contended that petitioner is found to be involved in cheating and after thorough investigation police has filed charge-sheet under Sections 420, 467, 468, 471 and 120-B of IPC read with Section 3, 4, 6 2(f)(ii) and 10 of Rajasthan Public Examination (Measures For Prevention of Unfair Means in Recruitment) Act, 2022 against him. It is also argued that the petitioner got selected in the LDC examination conducted by Rajasthan High Court by using the unfair means and evidence collected by the prosecution shows that the petitioner used bluetooth device while taking his examination. The petitioner was also found to be involved in one case of similar nature, therefore, on the above facts, the second bail application of the accused- petitioner deserves dismissal. 4. Heard and perused the material available on the record. 5. The petitioner's first bail application was dismissed with the liberty to file afresh after filing of the charge-sheet. The charge- sheet has already been filed before the concerned court, which [2025:RJ-JP:28489] (3 of 3) [CRLMB-9047/2025] contains 1170 pages and prosecution has cited as many as 54 witnesses. Accused-petitioner is in custody since 30.01.2025. The Hon'ble Apex Court in the same FIR, has granted interim bail to the other co-accused persons namely Suman Devi, Dropadi Sihag and Sunita, who were also found to be involved in similar nature of offence, therefore, considering the above facts, this court deems it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the second bail application of the accused- petitioner filed under Section 483 of BNSS is allowed and it is ordered that the accused-petitioner Rakesh Kaswan S/o Shri Muniram Kaswan, in connection with FIR No.9/2025 registered at Police Station Special Police Station (S.O.G.) District ATS & SOG, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. 7. The petitioner is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station shall send the presence report of the accused petitioner to the trial court every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J ashu /1