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2025 DAILYLAW 50140 (RAJ)

BABULAL @ BABU PATEL @ B L PATEL S/O SHRI NATHARAM v. STATE OF RAJASTHAN

CRLMB/14065/2025 · 2025-11-06

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:44633] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 2nd Miscellaneous Bail Application No. 14065/2025 Babulal @ Babu Patel @ B L Patel S/o Shri Natharam, Aged About 50 Years, R/o Patel Krishi Farm, Banganga, Ward No. 1, Bilada, Police Station Choupasani Housing Board, District Jodhpur, At Present Working Teacher, Government Senior Secondary School, Talawada, Block Luni, District Jodhpur. (Presently Accused Petitioner Is Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. S.S. Hora with Mr. Vedant Sharma, Mr. Sahajveer Baweja, Mr Shivam Sharma and Mr. Himanshu Agarwal For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Manvendra Singh Choudhary, PP and Mr. Vinod Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 06/11/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Babulal @ Babu Patel @ B L Patel S/o Shri Natharam seeking bail in respect of a criminal case registered as FIR No.13/2024 dated 08.04.2025 registered at P.S. SOG, District - Jaipur, for the offence under Sections 420, 467, 468, 471, 120(B) of IPC. 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 [2025:RJ-JP:44633] (2 of 6) [CRLMB-14065/2025] 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 applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submitted that first bail application of petitioner was dismissed by this Hon’ble Court on 05.08.2025 and after said bail application, the SOG has filed charge-sheet against the petitioner. He further submitted that the case of petitioner is framed on the basis of statement of Pradeep Kumar and Pradeep Kumar was granted bail by Hon’ble Supreme Court on 14.08.2025. He further submitted that two more accused Sarita and Jitendra were granted bail by a Co-ordinate Bench of this Court on 09.09.2025. He also submitted that after dismissal of bail by this Hon’ble Court, other accused have approached Hon’ble Supreme Court and Hon’ble Supreme Court has granted bail to them by order dated 01.07.2025 (Paramjeet Singh), order dated 01.07.2025 (Manjeet Kumar). 4. He further submitted that this Hon’ble Court has dismissed bail application of certain accused on 01.09.2025 considering criminal antecedents but Somesh Godara with two cases, Om Prakash with 4 cases and Gopal with 4 cases were granted bail by Hon’ble Supreme Court on 07.10.2025. He also submitted that two criminal cases were registered against the petitioner and in both the cases, present petitioner was released on bail by learned Additional Sessions Judge No.1, Ajmer on 07.10.2025. He also [2025:RJ-JP:44633] (3 of 6) [CRLMB-14065/2025] submitted that main accused Suman was allowed bail on 03.11.2025. He further submitted that now the petitioner is entitled to be released on bail as no independent case is made against the petitioner and co-accused Pradeep Kumar, who named present petitioner has already been granted bail. 5. Learned AAG has vehemently opposed the bail application and submitted the case against present petitioner is of grave nature. 6. Heard learned counsel for the petitioner-accused and learned AAG. Perused the material placed on record by both the parties. 7. On the basis of complaint lodged by complainant Permaram about paper leak, examination by dummy candidates, submission of fake degrees by the selected candidates and use of other unfair means in direct recruitment to PTI Examination, 2022 the matter is investigated by SOG and after investigation, SOG has registered FIR. On the basis of FIR, involvement of present petitioner was found. This Court while considering bail of Suman Bhari, Sumit Kumar, Ganga Singh, Subhash Chandra, Sukesh Kumar and Babu Lal (present petitioner), has dismissed the application on 05.08.2025. At the time of consideration of bail, we have found that police has not filed charge-sheet against Babu Lal, who was arrested on 17.05.2025. 8. The material considered by this Court clearly indicated that Hon’ble Supreme Court has already granted bail on 01.07.2025 to accused Paramjeet Singh in SLP (Criminal) [2025:RJ-JP:44633] (4 of 6) [CRLMB-14065/2025] No.9413/2025 and Manjeet Kumar in SLP (Criminal) No.9324/2025. 9. Two more accused Sarita and Jitendra were granted bail by a Co-ordinate Bench of this Court on 09.09.2025 in second bail application after considering judgment in case of Sanjay Chandra Vs. CBI (2012) 1 SCC 40. 10. While considering the first bail application, we have observed as under: “Babu Lal @ Babu Patel @ B.L. Patel was named by co-accused Pradeep Kumar Sharma and on basis of information collected from hard disc of computer recovered at the instance of Pradeep Kumar Sharma, it was found that 62 students were assisted and helped by present petitioner Babu Lal in procuring degree of different degree course. The present petitioner accused is also involved in similar nature of case related to Mewar University, District Chittorgarh and two FIR Nos.100/2024 and 101/2024 were registered at PS Civil Lines, Ajmer wherein investigation is in progress.” 11. Present petitioner is granted bail in both FIR Nos. 100/2024 and 101/2024 by learned Additional Sessions Judge No.1, Ajmer and orders are placed on record. The role and involvement of present petitioner was investigated only after [2025:RJ-JP:44633] (5 of 6) [CRLMB-14065/2025] disclosure by Pradeep Kumar Sharma and in charge-sheet specific mention is also made. Pradeep Kumar is granted bail by Hon’ble Supreme Court on 14.08.2025 in SLP (Criminal) No.10338/2025. 12. We have considered criminal antecedent of the two cases against petitioner. A reference is made of order dated 01.09.2025 in bail application No.197/2025 and connected matters wherein we have dismissed the bail application of Madan Lal, Somesh, Gopal Saran and Om Prakash and others. As per record, two criminal cases were registered against Somesh Godara and four each against Om Prakash and Gopal. After considering facts of the case and criminal antecedents, these persons were granted bail by Hon’ble Supreme Court on 07.10.2025. The main accused in the instant case Suman is also enlarged on bail on 03.11.2025 by Hon’ble Supreme Court. 13. Having considered the grounds of parity as referred during course of argument in light of judgment in case of Sharukh @ Bunty Vs. State of MP (Criminal Appeal No. 1289/2023) passed by Hon’ble Supreme Court, it is appropriate to consider bail application of present petitioner in light of circumstances mentioned by learned counsel for petitioner. 14. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case [2025:RJ-JP:44633] (6 of 6) [CRLMB-14065/2025] and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 15. Thus, the second bail application filed on behalf of applicant- accused Babulal @ Babu Patel @ B L Patel S/o Shri Natharam, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 16. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /293