[2025:RJ-JP:30970] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 190/2025 Roshan Lal Meena S/o Shri Narayan Meena, Aged About 33 Years, R/o Maanpuriya Kothya, P.s. Nangal Rajawatan, District Dausa (Presently Third Grade Teacher, Mahatma Gandhi Government School Pyarivaas, Dausa) Presently Accused Petitioner Is Confined In Central Jail, Jaipur ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 191/2025 Mahesh Kumar Meena S/o Tikaram Meena, Aged About 35 Years, R/o Phoolwada Gangapur Tehsil Bamanwas District Sawai Madhopur (Presently Clerk Grade Second/ Junior Assistant Office Of Commercial Taxes Department, Circle Dausa) Presently Accused Petitioner Is Confined In Central Jail, Jaipur. ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 192/2025 Deepak Kumar Meena S/o Shri Hemraj Meena, Aged About 27 Years, R/o Indaawa, Tehsil And P.s. Lalsot, District Dausa (Presently Accused Petitioner Is Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Gajveer Singh Rajawat Mr. Deepak Chauhan with Mr. Harsh Joshi For Respondent(s) : Mr. Rajesh Choudhary GA-cum-AAG Mr. Haripal Singh, CI, SOG [2025:RJ-JP:30970] (2 of 6) [CRLMB-190/2025] HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/08/2025 1. These instant applications for bail filed under Section 483 of BNSS by the applicants-accused Roshan Lal Meena S/o Shri Narayan Meena, Mahesh Kumar Meena S/o Tikaram Meena and Deepak Kumar Meena S/o Shri Hemraj Meena in FIR No. 21/2024 dated 09.05.2024 registered at Special Police Station (SOG), District -ATS and SOG, whereby the applicant-accused has charged under Sections 419, 420, 467, 468, 471, 120-B IPC and Sections 3, 4 and 6 of Rajasthan Public Exam (Use of Unfair Means), Act, 1992. 2. Learned counsel for the applicants relying upon grounds raised in bail application submits that the applicants are innocent and falsely implicated in the present case. Further, they submits that the investigation relating to present applicants-accused is complete and are no more required by the Investigating Agency for investigation. He further assures that in case, the applicants- accused are required for further investigation, the applicants- accused will be available for such investigation. He also submits that the investigation will take its own time and no purpose will be served by keeping the applicants-accused in custody. 3. Learned counsel appearing on behalf of Roshan submits that the allegations on present applicant is appearing as a dummy candidate on behalf of Kanchan who is brother of this applicant. He submits that during investigation in FIR No. 11/2024, SOG has registered a case against Roshan Lal and others but without completing investigation in FIR No. 11/2024, the applicant is [2025:RJ-JP:30970] (3 of 6) [CRLMB-190/2025] arrested in the instant case. He also submits that the facts of the case are concocted wherein SOG has shown that the brother of this applicant has hatched a conspiracy with other accused to engage present applicant to appear as dummy candidate on behalf of his brother. He also submits that this applicant is in custody since 10.09.2024. 4. Learned counsel appearing on behalf of accused Mahesh and Deepak submits that these applicants are innocent and they are nowhere concerned with Roshan or Kanchan. He referred interrogation in relation to FIR No. 11/2024 P.S. SOG and submits that these applicants were interrogated by SOG in said FIR but have not been arrested so far in FIR No. 11/2024 which shows mala fide on part of SOG. He submits that investigation in the case clearly indicate that on behalf of Kanchan who is real brother of Roshan, later appeared as dummy candidate in Patwar Direct Recruitment Examination, 2021. He further submits that these two applicants accused Mahesh and Deepak have allegedly rendered logistics to Roshan to appear on behalf of Kanchan. He further submits that to appear as dummy candidate on behalf of own brother how a person is required logistic assistance is not explained by SOG. He also submits that the investigation is itself shoddy and it indicate that just to falsely implicate these two applicants, Investigating Officer has framed them. 5. Aforesaid contentions were opposed by learned AAG and he submitted report received from Investigating Officer which indicate that six cases were registered against Roshan and others. 6. Heard learned counsel for the applicants-accused along with learned AAG. Perused the material placed on record. [2025:RJ-JP:30970] (4 of 6) [CRLMB-190/2025] 7. Investigating Officer Haripal Singh, Inspector SOG is present in person. 8. On basis of report registered at behest of Mr. Dharma Ram Additional SP, SOG, Rajgarh (Churu), FIR No. 11/2024 was registered wherein Roshan Lal has disclosed an information that he also appeared as dummy candidate on behalf of his brother Kanchan in Patwar Recruitment Examination, 2021. During investigation, it has been revealed that Roshan lal was assisted by Manish, Dinesh, Mahesh Kumar and others and SOG has filed a charge-sheet against Roshan Lal, Deepak and Mahesh Kumar but kept pending under Section 173(8) of Cr.P.C. against Manish, Dinesh, Kanchan and Ors. 9. Obviously, the main accused is Kanchan Lal who did not appeared in the examination and SOG instead of forwarding Kanchan Lal as an accused, has filed charge-sheet against others. It appears that SOG has its own motive to forward partial charge- sheet and keep pending against main accused. The Investigating agency is supposed to be honest and upright whereas Investigating Officer is presumed to bear good integrity but if there is some suspicion on conduct of IO then he is not require to assign fresh investigation. 10. Roshan Lal is in custody since 10.09.2024 but there are other cases against him and his role clearly indicate that he is a habitual person to appear as dummy candidate on behalf of others. Simply, it is a case of cheating by impersonation but still there is allegation that to appear as dummy candidate he acquired monetary gains. Herein, this case the original candidate is real brother of Roshan Lal. Since, he is main accused and trial has not [2025:RJ-JP:30970] (5 of 6) [CRLMB-190/2025] begun, therefore, I am of the considered view that Roshan Lal is not entitled to be released on bail. 11. As regards to role and involvement of other two accused Mahesh and Deepak is concerned, their role is only to render assistance or hatching a conspiracy with Roshan Lal to appear as dummy on behalf of kanchan Lal (brother of Roshan Lal). The argument has some substance that to appear as a dummy candidate on behalf of real brother whether Roshan Lal needed assistance of Mahesh and Deepak. Both Deepak and Mahesh were already enlarged bail in FIR No. 22/2024, PS SOG and looking to facts and circumstances of the case it is appropriate to allow bail to both the applicants – Deepak and Mahesh, though total six cases were registered against him. 12. Thus, the instant bail application filed on behalf of applicant- accused Deepak Kumar Meena S/o Shri Hemraj Meena, and Mahesh Kumar Meena S/o Tikaram Meena, 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. [2025:RJ-JP:30970] (6 of 6) [CRLMB-190/2025] (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 13. Thus, bail application No. 190/2025 preferred by Roshan Lal Meena is hereby dismissed. 14. The Registry is directed to send a copy of this order to the Trial Court through E-mail. 15. A copy of this order be sent to DGP for the observation made by this Court. (ASHOK KUMAR JAIN),J MONU /42-44