[2025:RJ-JP:45841] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 14420/2025 Devaram S/o Shri Sukhram, Aged 27 years R/o Duthva, P.s. Chitalwana, Distt. Jalore, Currently Second Grade Teacher (Subject Science) Government Higher Secondary School, Mukne Ka Tala, Dhorimana, Distt. Barmer (Raj.) (Presently Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Mahendra Shandilya For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 13/11/2025 1. Instant second bail application under Section 483 of BNSS is filed by the applicant-accused Devaram S/o Shri Sukhram seeking bail in respect of a criminal case registered as FIR No. 0076/2024 dated 25.10.2024 registered at Special Police Station, SOG, Jaipur District - Jaipur, for the offence under Sections 419, 420, 467, 468, 471 and 120B IPC and 3, 6, 7 and 10 of Rajasthan Public Examination (Prevention of Unfair Means) Act, 2022.. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the [2025:RJ-JP:45841] (2 of 4) [CRLMB-14420/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner while referring order dated 22.08.2025 in case of Praveen Kumar Vs. State of Rajasthan (S.B. Criminal Misc. Bail Application No. 5504/2025) submits that in identical case accused Praveen Kumar was granted bail by this Hon’ble Court. He further submits that while considering the bail on 08.09.2025, this Hon’ble Court has dismissed the bail application as dummy candidate Mahadev was absconding. He further submits that an identically placed person in similar recruitment of Senior Teacher Grade-II organized by RPSC this Hon’ble Court has granted bail, therefore, the case of present petitioner be considered and treated on similar lines. He also submitted that the present petitioner is in custody since 20.03.2025 and presently present petitioner is seeking bail on ground of period of custody. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He also submitted report of FSL which is against the petitioner. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On the basis of complaint received on helpline of SOG which was registered as complaint no. 7 and same was inquired by some Seema Pathan (Police Inspector) and after finding positive evidence an FIR is registered. The SOG has found [2025:RJ-JP:45841] (3 of 4) [CRLMB-14420/2025] that in Second Grade Teacher (Science) Recruitment Examination, 2022 present petitioner was a candidate and instead of appearing himself as a candidate in the examination he engaged Mahadev S/o Shankar Lal Bishnoi as a dummy candidate and dummy candidate Mahadev has appeared on behalf of present petitioner, as a result present petitioner was selected. After investigation present petitioner accused is arrested and charge-sheet has been filed against him but dummy candidate Mahadev is absconding. There is no criminal antecedent against the petitioner accused. Present petitioner accused is in custody since 20.03.2025. 7. While considering first bail application on 08.09.2025 after filing of charge-sheet, this Court has taken note of order dated 22.08.2025 in case of Praveen Kumar (supra) and after recording following reasons has dismissed the bail application “In case of Praveen Kumar (supra), who was also a candidate in Senior Teacher Grade-II Recruitment Examination organized by RPSC and instead of appearing in examination he engaged a dummy candidate who is not identified but a dummy candidate has appeared on his behalf. The present petitioner accused is in custody since 20.03.2025 and the material on record submitted by SOG prima facie indicate that present petitioner has not appeared in the examination and writings on the documents examined by FSL were not matching with handwriting of present petitioner. The SOG has found that the petitioner accused has not affixed his photograph on examination admit card. It is also disclosed by present petitioner that he and Mahadev Bishnoi (dummy candidate) went to Udaipur and stayed in a hotel and further record of Hotel Mewar In is collected by SOG. [2025:RJ-JP:45841] (4 of 4) [CRLMB-14420/2025] Considering the evidence available on record present case is having distinction than the case of Praveen Kumar (supra).” 8. Having taken note of reasons assigned in order dated 08.09.2025, except recording of statement of PW-1 Ajay Kumar no other circumstances have changed. The period of custody is again not too much and moreover, none of the material witness has been examined by the prosecution. The only witness examined by prosecution is PW-1 is just a formal witness of arrest and certain memos, therefore, no fresh ground of grant of bail is made out. Thus, we have no option except to dismiss the bail application of present petitioner. 9. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. 10. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. 11. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Devaram S/o Shri Sukhram is hereby dismissed. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /84