MAHENDRA KUMAR VISHNOI S/O SHYAMLAL v. STATE OF RAJASTHAN
CRLMB/15735/2025 · 2025-12-16
Ashutosh Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43285 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43285 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:50832] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15735/2025 Mahendra Kumar Vishnoi S/o Shyamlal, Aged About 26 Years, R/o Olvi, Tehsil Bilada, Distt. Jodhpur. Currently Government Higher Primary School, Chandiya Nadi, Hanuvant Nagar, Shergarh Jodhpur. (Presently Confined In Central Jail Jaipur) ----Accused/Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Madhav Mitra, Sr. Adv. assisted by Mr. Veerendra Singh, Adv. Ms. Jaya Mitra, Adv. Mr. Prince Pal Singh, Adv. & Mr. Shahrukh Khan, Adv. For Respondent(s) : Mr. Devi Singh, PP Mr. Jagdish Prasad Vyas, Addl. S.P., SOG, Jaipur (present in person) HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 16/12/2025
1. The present bail application has been filed by the accused-applicant under Section 483 of B.N.S.S., 2023 against the
order dated 18.11.2025 passed by learned Additional Sessions Judge No.1, Jaipur Metropolitan-II, Jaipur in Bail Application No.671/2025 arising out of FIR No.50/2024, registered at Special Police Station (S.O.G.), A.T.S. and S.O.G. Jaipur for the offences punishable under Sections 419, 420, 467, 468, 471 and 120-B of IPC and Sections 3, 6, 7 and 10 of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 2022 (hereinafter referred to as the 'Act of 2022') by which the bail application of
[2025:RJ-JP:50832] (2 of 4) [CRLMB-15735/2025] the accused-applicant under Section 483 of the B.N.S.S., 2023 has been dismissed.
2. Learned senior counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. Learned senior counsel also submits that as per the prosecution case, the present accused-applicant applied for the post of the examination of 'Physical Training Instructor' in the year 2022 conducted by Rajasthan Staff Selection Board, Jaipur however, a dummy candidate namely Anoop, arranged by the accused- applicant appeared on behalf of the present accused-applicant in the said examination and subsequently, the present accused- applicant got selected in the said examination. Learned senior counsel contends that after registration of the present FIR, the present accused-applicant got terminated from the service.
Learned counsel also contends that the dummy candidate-Anoop has not been arrested yet.
3. Learned senior counsel for the accused-applicant argues that the charge-sheet against the accused-applicant for the offences punishable under Sections 419, 420, 467, 468, 471 and 120-B of IPC and Sections 3, 4, 6, 7 and 10 of the Act of 2022 has already been filed and trial will take long time to conclude.
4. Learned senior counsel for the accused-applicant contends that the accused-applicant was arrested on 08.09.2025 and since then, he is behind the bars and trial is likely to take long time to conclude, therefore, the accused-applicant be granted benefit of bail.
[2025:RJ-JP:50832] (3 of 4) [CRLMB-15735/2025]
5. In support of his contentions, learned senior counsel for the accused-applicant invites attention of this Court towards the
judgment passed by the Hon'ble Apex Court in the case of Girdhariram Vs. State of Rajasthan (Petition for Special Leave to Appeal (Crl.) No(s).7461/2025) decided on
23.06.2025.
6. Learned Public Prosecutor appearing on behalf of the State along with Mr. Jagdish Prasad Vyas, Addl. S.P., S.O.G., Jaipur, who is personally present before this Court, vehemently oppose this bail application filed on behalf of the accused-applicant.
7. Heard learned counsel for the parties and also perused the material available on record.
8. It is an admitted fact that the accused-applicant applied for the aforesaid post in the year 2022, however, he did not appear in the said examination and arranged a dummy candidate namely Anoop to appear on his behalf; consequently, the present accused- applicant got selected in the said examination. Subsequently, after registration of the present FIR, the accused-applicant got terminated from the services.
9. Considering the overall facts and circumstances of the case, the period of custody of the accused-applicant; the judgment passed in the case of Girdhariram (supra); charge-sheet has already been filed and the trial is likely to take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow this bail application filed by the accused-applicant.
[2025:RJ-JP:50832] (4 of 4) [CRLMB-15735/2025]
10. Consequently, this bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused-applicant Mahendra Kumar Vishnoi S/o Shyamlal, arrested in connection with FIR No.50/2024, registered at Special Police Station (S.O.G.), A.T.S. and S.O.G. Jaipur, shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the trial Court. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.
(ASHUTOSH KUMAR),J AARZOO ARORA /246