[2025:RJ-JP:8644] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 977/2025 Bhupendra S/o Pubhuram, Aged About 40 Years, R/o Village Parawa, P.s. Chitalwana, Distt. Jalore, Presently R/o 67-C, Rajni Vihar, Hirapura, P.S. Karni Vihar, Distt. Jaipur. (Presently Confined In High Security Jail Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1696/2025 Shivlal @ Shiva S/o Sh. Chhitar Ram, Aged About 30 Years, R/o Village Raliyawata, Post Rajlota, Tehsil Degana, P.S. Padu Kalan, District Nagaur (Raj.) (At Present Confined At Central Jail Jodhpur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sudhir Jain Mr. Prince Pal Singh Mr. Deshraj Kalwania For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 27/02/2025 1. These bail applications have been filed by petitioners under Section 483 of the BNSS in connection with FIR No.13/2022 registered at Police SOG, Jaipur for offence(s) under Sections 420 and 120B IPC, Section 3/10, 4/10 & 6/10 of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 2022. 2. It has been argued that the petitioner Bhupendra is in custody since 10.04.2023 and petitioner- Shivlal @ Shiva is in custody since 27.10.2023; though charge-sheet has been filed long back but still the trial has not been concluded and pending at the stage of prosecution evidence due to which the fundamental right of life and liberty of [2025:RJ-JP:8644] (2 of 3) [CRLMB-977/2025] petitioners are being infringed and petitioners are languishing in jail on account of prolonged trial, which still would take considerable time to conclude. 3. It has been submitted that in the present case, main accused is Choturam, against whom the allegation is of stealing the question papers of the Rajasthan Police Constable Recruitment- 2021 from whom petitioners obtained question paper against payment of money. Another co-accused Bheem Singh was also implicated in the present case with the similar allegations. 4. It has been submitted that the main accused Choturam has been released on bail by the Hon'ble Supreme Court vide order dated 01.10.2024 and the co-accused Bheem Singh has been released on bail vide order dated 17.02.2025, fundamentally on the ground of their long incarceration and no possibility of conclusion of trial in the near future. Hence, Petitioners prayed for grant of bail on the similar reasonings as incarceration period of petitioners is not less than other co-accused, who have been released on bail by the Hon'ble Supreme Court. 5. Learned Public Prosecutor opposed the bail application and highlighted the criminal antecedents of petitioners and there involvement in the paper leak of Rajasthan Police Constable Recruitment- 2021 for raising unlawful gain. However, the Public Prosecutor is not able to distinguish the case of petitioners from co- accused Bheem Singh, who has already been released on bail by the Hon'ble Supreme Court taking into consideration his period of incarceration. 6. This Court has been informed that against the co-accused Choturam and Bheem Singh as well, there were criminal antecedents. 7. Having considered the rival contentions of both parties and taking into consideration the entirety of facts and circumstances as also the [2025:RJ-JP:8644] (3 of 3) [CRLMB-977/2025] period of incarceration of petitioners since long and non conclusion of criminal trial as also the case of petitioners has not been distinguished by the Public Prosecutor from the co-accused Bheem Singh, who has been released on bail by the Hon'ble Supreme Court vide order dated 17.02.2025, in order to maintain parity, but without commenting on merits of the case, this Court deems it just and proper to release petitioners on bail. 8. Accordingly, these bail applications are allowed and it is ordered that accused-petitioners 1.Bhupendra S/o Pubhuram& 2. Shivlal @ Shiva S/o Sh. Chhitar Ram shall be released on bail provided, each of them furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance before the Court concerned on all the dates of hearing as and when called upon to do so. 9. However, in addition to the usual terms and conditions of bail, taking into consideration the previous criminal antecedents of petitioner- Bhupendra, it is hereby directed that: (i) Accused-petitioner- Bhupendra shall not induce or influence or temper with any prosecution evidence/witness. (ii) Accused-petitioner shall not repeat the similar nature of offence. (iii) Accused-petitioner shall not leave Jaipur City without leave of the trial Court. (iv) In case, accused-petitioner is found involved in similar offence, during bail granted by this Court or breach of conditions is reported or come to the notice of the Court, the same shall be a reason for the trial Court to cancel the bail, granted by this Court. (SUDESH BANSAL),J NITIN /2-3