[2026:RJ-JP:25473] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5336/2026 URN: CRLMB / 9519U / 2026 Sunil Kumar S/o Deshraj, R/o Bagthar, Police Thana Baseri, District Dholpur (Raj.) (Accused In Present Confined In Central Jail Bharatpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Maneesh Sharma For Respondent(s) : Mr. Vivek Sharma, Addl. G.A. HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 08/07/2026 1. The present bail application has been filed under Section 483 BNSS, 2023 against the order dated 13.03.2026 passed by learned Special Judge, (Exam) Additional District and Session Judge No. 1, Bharatpur, in Criminal Misc. Bail Application No. 05/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.535/2025, Police Station Sewar, District Bharatpur for the offences under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2)(a) of the BNS, 2023 and Sections 3, 7, 10 of Rajasthan Public Examination (Prevention of Unfair Means) Act, 2022 (hereinafter referred to the ‘Act of 2022’). 2. Learned counsel for the petitioner submits that the challan in the case has already been filed and there are two criminal antecedents against the petitioner. Moreover, the conclusion of trial will take sufficiently long time, therefore, he prays that the [2026:RJ-JP:25473] (2 of 3) [CRLMB-5336/2026] petitioner may be enlarged on bail as the accused is in custody since 02.01.2026. 3. Learned counsel for the petitioner further submits that all the offences, except those punishable under the Act of 2022, are triable by a Magistrate. It is further submitted that the maximum punishment prescribed for the offences under the Act of 2022 is five years, and those offences are triable by the Special Court constituted under the said Act. 4. Learned counsel for the petitioner submits there are two criminal antecedents of committing similar offence against the accused- petitioner. Hence, the petitioner may be enlarged on bail. 5. Learned Additional Government Advocate opposes the present bail application. 6. Heard learned counsel for the petitioner as well as learned Additional Government Advocate and perused the material available on record. 7. Without expressing any opinion on the merits of the case, and upon consideration of the arguments advanced, particularly the fact that the petitioner has been in custody since 02.01.2026, and that the offences, except those under the Act of 2022, are triable by a Magistrate, whereas the offences under the said Act are triable by a Special Court and considering that the maximum punishment even under the special Act is five years and that the trial is likely to take considerable time, further the fact that the co-accused Lochan Singh has already been enlarged on bail vide order dated 01.07.2026, but considering the fact that the petitioner was involved at earlier two occasions having committed [2026:RJ-JP:25473] (3 of 3) [CRLMB-5336/2026] similar offence, this Court deems it appropriate to enlarge the petitioner on stringent conditions. 9. Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Sunil Kumar S/o Deshraj arrested in connection with F.I.R. No. 535/2025, Police Station Sewar, District Bharatpur, shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- (Rs. One Lakh Only) with two sureties of Rs. 50,000/- (Rs. Fifty Thousand Only) each, to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so till the completion of the trial and with additional following conditions: (i) The petitioner shall not leave country without the permission of the Court; (ii) The petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; (iii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; and (iv) In the event the petitioner is found involved in any other case of similar nature in the future, the prosecution shall be at liberty to move an appropriate application before the learned trial Court for cancellation of the bail granted herein. (v) The accused-petitioner shall mark his presence before the concerned police station once in a month as fixed by the Investigating Officer and a register shall be maintained for the same by Investigating Officer. (vi) In case of any change of residential address, the accused-petitioner shall immediately inform the Investigating Officer as well as the trial Court. (BIPIN GUPTA),J 16/KRATIKA