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2026 DAILYLAW 17419 (RAJ)

AMIT KUMAR S/O PHOOL SINGH v. STATE OF RAJASTHAN

CRLMB/4281/2025 · 2026-01-05

Ganesh Ram Meena

body2026

Judgment text

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[2026:RJ-JP:7] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4281/2025 Amit Kumar S/o Phool Singh, R/o Dhindhwa Bichla, Jhunjhunu, Raj. ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent Petitioner : Mr. Amit Kumar present in person For Respondent(s) : Mr. Tapesh Agarwal, P.P. & Mr. Amit Gupta, Addl.G.A. cum P.P. HON'BLE MR. JUSTICE GANESH RAM MEENA Order 05/01/2026 1. Petitioner has filed this anticipatory bail application under Section 482 B.N.S.S. arising out of F.I.R. No.120/2024 registered with the Police Station, Vigyan Nagar, District Kota City for offence under Sections 419, 420 & 120-of I.P.C., Sections 3 & 4 of Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2022 & Sections 66 & 66D of IT Act. 2. The petitioner present in person before the Court submits that he has falsely been implicated in this case merely on saying that he along with other co-accused persons was using common car. The petitioner further submits that there is no any evidence as regards the allegation of solving the question paper of the examination for the post of Coastal Guard. He also submits [2026:RJ-JP:7] (2 of 4) [CRLMB-4281/2025] that the statements of co-accused as regards any kind of allegation of giving money to him, cannot be made basis for convicting him. The petitioner further submits that the Court vide its order dated 17.06.2025, directed him to appear before the Investigation Officer for interrogation. The petitioner further submits that in compliance of the said order, he has appeared before the Investigation Officer and has already been interrogated by the Investigating Officer. He also submits that since he has already been interrogated and has cooperated in the investigation, no purpose would be served in making arrest of him. The petitioner also undertakes that he would cooperate the investigation in all manners in future. 3. Learned Public Prosecutor has opposed the anticipatory bail application and submits that there is ample evidence on record as regards the presence of the petitioner at Kota at that relevant time and also submits that there are CCTV camera recordings, which shows that the petitioner along with other co- accused was using a common car. He further submits that though the petitioner has appeared before the Investigation Officer in compliance of the order of this Court, but has not cooperated the investigation made by the Investigating Officer in proper manner. 4. Considered the submissions made by the petitioner as well as learned Public Prosecutor and also perused the factual report as available in the Office file of the learned Public Prosecutor. 5. The allegation against the accused-petitioner is that he [2026:RJ-JP:7] (3 of 4) [CRLMB-4281/2025] has solved the question paper of the examination for the post of Coastal Guard and as per the factual report, the evidence is that as per the CDR of the mobile phone of the petitioner, he was present at Kota during that time and he was also seen using a common car along with other co-accused. 6. It is settled principle of criminal jurisprudence that any statement of co-accused cannot be made basis for convicting any person. Merely using a car along with other co-accused also cannot be the sole ground for implicating the petitioner as an accused for the allegation of solving the question paper. 7. The petitioner in compliance of the direction of this Court has already joined the investigation and it is an admitted fact by the learned Public Prosecutor that the petitioner has already appeared before the Investigating Officer. 8. Taking into consideration the overall facts and circumstances of the case and more particularly the fact that the petitioner has already appeared before the Investigating Officer and has also been interrogated, this Court deems just and proper to extend the benefit of anticipatory bail to the petitioner. 9. Accordingly, the anticipatory bail application is allowed. The S.H.O./I.O./Arresting Authority, Police Station Vigyan Nagar, District Kota City in F.I.R. No. 120/2024 is directed that in the event of arrest of the petitioner he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to his satisfaction on the following [2026:RJ-JP:7] (4 of 4) [CRLMB-4281/2025] conditions:- (I). that the petitioner shall make himself available for interrogation by a police officer as and when required; (ii). that 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 any police officer, and (iii). that the petitioner shall not leave India without previous permission of the Court. 10. However, it is made clear that in future the petitioner shall be available for investigation/interrogation as and when the Investigation Officer calls him. (GANESH RAM MEENA),J SHRUTI SHARMA /11