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[2025:RJ-JP:30713] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1609/2025 Bharmal Ram S/o Naringa Ram, Aged About 27 Years, R/o Village Dhanta, Police Station Sanchor, District Sanchor, At Present Physical Teacher, Govt. Senior Secondary School, Kunda, Raniwada, District Sanchor (Raj.) (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Gajveer Singh Rajawat For Respondent(s) : Mr. Rajesh Choudhary GA cum AAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 04/08/2025
1. This instant application for bail filed under Section 483 of BNSS by the petitioner-accused in FIR No.80/2024 dated 22.11.2024 registered at P.S. Special Police Station (SOG), District – ATS & SOG, whereby the petitioner-accused has charged under Sections 419, 420, 467, 468, 471, 120-B of IPC and Sections 3, 4, 6, 7 and 10 of the Rajasthan Public Examination (Use of Unfair Means) Act, 2022.
2.
Learned counsel for the petitioner relying upon grounds raised in bail application submits that the petitioner is innocent and falsely implicated in the present case. Learned counsel for the petitioner submits that this petitioner has not appeared in competitive examination and there is no connection to show that this petitioner has contacted
[2025:RJ-JP:30713] (2 of 4) [CRLMB-1609/2025] someone else to appear as dummy candidate. He further submitted that there is no evidence to show that the mark- sheet and the degree is also fake and this petitioner has not appeared in examination. He also submits that a Co-ordinate Bench has already granted bail to similarly placed persons like Ummed Singh, Rakesh Kaswan, Hanuman Prasad Meena, Sunil Kumar and Ashok Kumar. He also submits that even Hon’ble Supreme Court has granted bail to Girdhari Ram and Suresh Sahu. He further submits that there is no legal evidence to implicate this petitioner accused and without a legal evidence this petitioner accused cannot be convicted. Further, he submitted that the investigation relating to present petitioner-accused is complete and is no more required by the Investigating Agency for investigation. He further assures that in case, the petitioner-accused is required for further investigation, the petitioner-accused will be available for such investigation. He also submitted that the investigation/trial will take its own time and no purpose will be served by keeping the petitioner-accused in custody.
3. Aforesaid contentions were opposed by learned AAG and he submitted that this Hon’ble Court has granted bail to Inderaj Singh and Salman Khan but the State has filed an SLP and same was allowed and bail granted to Inderraj Singh and Salmaan Khan were cancelled.
4. Heard learned counsel for the petitioner and learned AAG. Perused the bail order in matter of Ummed Singh Vs. State of Rajasthan (order dated 30.07.2025), Rakesh Kaswan Vs. State of Rajasthan (order dated 25.07.2025), Hanuman
[2025:RJ-JP:30713] (3 of 4) [CRLMB-1609/2025] Prasad Meena Vs. State of Rajasthan (order dated 14.07.2025), Sunil Kumar Vs. State of Rajasthan (order dated 24.02.2025) and Ashok Kumar Vs. State of Rajasthan (order dated 20.12.2024) passed by a Co-ordinate Bench of this Court. Also considered judgment in case of Girdhari Ram Vs. State of Rajasthan : SLP (Criminal) No.7461/2025 (Order dated 23.06.2025) and Suresh Sahu Vs. State of Rajasthan : SLP (Criminal) No.3413/2025 (Order dated 23.05.2025) passed by Hon’ble Supreme Court of India. Also considered
judgment in case of State of Rajasthan Vs. Inderaj Singh and Ors. (2025 INSC 341).
5. On basis of a complaint that present petitioner accused has not appeared in PTI Direct Recruitment Examination 2022 rather appeared through a dummy candidate, a case was registered and investigated by SOG. In application form, the petitioner accused has mentioned that BPED course was conducted from OPJS University, Churu whereas at the time of selection mark-sheet of Satya Sai University of Technology and Medical Sciences, Sinor (MP) is submitted. After investigation, SOG has found that this petitioner has not appeared as a candidate rather he appeared through a dummy candidate and also procured fake degree.
6. A Co-ordinate Bench has granted bail to several persons. Similarly Hon’ble Supreme Court has also granted bail to Girdari Ram and Suresh Sahu and Ors. Hon’ble Supreme Court while allowing SLP filed by State of Rajasthan against
order dated 08.05.2024 in bail application No.3348/2024 & 4789/2024, considering judgment in case of Ajwar vs.
[2025:RJ-JP:30713] (4 of 4) [CRLMB-1609/2025] Waseem and Anr. : (2024) 10 SCC 768 has set aside the bail orders passed by this Court.
7. We have gone through the material available on record and after considering the material, the petitioner is found involved on two counts, firstly appearing in competitive examination through dummy candidate and secondly procuring a fake degree/certificate, therefore, there is gravity in charge, hence, the petitioner is not entitled to be released on bail.
8. In view of discussion made hereinabove, the bail application filed by Bharmal Ram S/o Naringa Ram is hereby dismissed.
(ASHOK KUMAR JAIN),J MR/41