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2025 DAILYLAW 49548 (RAJ)

KANHA DUBE S/O VINOD v. STATE OF RAJASTHAN

CRLMB/13121/2025 · 2025-12-01

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:48640] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13121/2025 Kanha Dube S/o Vinod, R/o Village Chamora, Police Station Deholi, District Dholpur Presently Residing In House No. 44, Mahesh Nagar, Ganesh Marg, Gopalpura Bye Pass, Jaipur At Present Lodged In The Sub Jail, Badi District Dholpur. ----Applicant Versus State Of Rajasthan, Through Pp ----Respondent For Applicant(s) : Mr. Ashvin Garg For Respondent(s) : Mr. Rhishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 01/12/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 0342/2025 registered at Police Station Bari, District Dholpur for the offence(s) under Sections 419, 420, 120-B of IPC and under Sections 3, 6, 7 & 10 of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 2022. 2. Learned counsel for the accused-applicant submits that the applicant is a young person, aged about 25 years. It is further submitted that the matter at hand pertains to impersonation in relation to the beneficiary, namely Ankit Meena, in the BSTC Examination conducted on 30.06.2024, which does not fall within the ambit of public employment. It is also submitted that the applicant is in custody since 17.09.2025. Learned counsel further [2025:RJ-JP:48640] (2 of 2) [CRLMB-13121/2025] submits that all the recoveries have already been made from the applicant and that the trial is likely to take considerable time to conclude. It is also submitted that the matter at hand is triable by the Magistrate and that the maximum sentence upon conviction is three years. 3. Per contra, learned Public Prosecutor has vehemently opposed the instant bail application. 4. Having heard the arguments advanced by the learned counsel for the parties and taking note of the fact that the applicant is young person, aged about 25 years; that the recovery has already been made from the applicant; that the matter at hand is triable by the Magistrate, and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the instant bail application of the accused-applicant and enlarge him on bail. 5. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that accused-applicant Kanha Dube S/o Vinod shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (SAMEER JAIN),J JKP/70