HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 363/2025 Gopal @ Ashok Kumar S/o Baggaram, Aged About 22 Years, R/o Vishnaiyon Ka Tala, Barmer, (Rajasthan) (Presently Confined At Sub - Jail Kotputali) ----Petitioner Versus State of Rajasthan, through Public Prosecutor ----Respondent Connected With S.B. Criminal Miscellaneous 2nd Bail Application No. 368/2025 Subhash S/o Jagram, Aged About 21 Years, R/o Sonadi P.S. Sedwa Dist. Barmer, (Rajasthan) (Presently Confined At Sub Jail Kotputali). ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Pallav Sharma For Respondent(s) : Mr. Amit Kumar Gupta, Public Prose- cutor HON'BLE MR. JUSTICE GANESH RAM MEENA Order 30/04/2025 1. These second bail applications have been filed under Section 483 of the BNSS, 2023 on behalf of accused-petitioners in connection with FIR No.74/2024 registered at Police Station Kotputli, District Kotputli-Behror for the offences under Section 419 IPC and Sections 3, 7 and 10 of the Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2022 (for short "the Act of 2022") . (2 of 3) [CRLMB-363/2025] 2. Learned counsel for the petitioners submits that the accused- petitioners are in custody since 01.02.2024 and after investigation the charge-sheet has already been submitted and further the learned trial Court after considering the material made available has framed the charge against the accused-petitioners for offences punishable under Sections 419, 420, 467, 468, 471 & 120-B IPC and Section 3 read with Section 10(1) & Section 7 read with Sec- tion 10(2) of the Act of 2022. 3. Learned counsel further submits that public examination has been defined in Sub-section (e) of Section 2 of the Act of 2022. Learned counsel further submits that the allegation against the ac- cused-petitioners is appearing as dummy candidates in the examination for D.L.Ed. second year which is not a public examination in view of the definition of the public examination given in the Act of 2022. Hence, the charges against the accused- petitioners have been framed in cursory manner. Learned counsel further submits that the accused-petitioners are in custody for more than one year and the charges levelled against them are yet to be proved on the basis of the evidence. 4. Learned Public Prosecutor vehemently opposed the bail applications. 5. Having regard the submissions made by counsel for the petitioners and more particularly the fact that the accused- petitioners have been charged for the offence punishable under the Act of 2022 but prima-facie, the examination in which they have alleged to have been appeared as dummy candidate, does not cover under the definition of the public examination and the (3 of 3) [CRLMB-363/2025] accused-petitioners are in custody for more than one year, this Court without expressing any opinion on the merits/demerits of the case, deems just and proper to enlarge the accused- petitioners on bail. 6. Accordingly, these second bail applications under Section 483 of the BNSS are allowed and it is ordered that the accused- petitioners named above in connection with the aforesaid FIR shall be enlarged on bail provided, they furnish a personal bond in the sum of Rs.1,00,000/- together with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. (GANESH RAM MEENA),J Ashish Kumar /34-35