RAKESH KUMAR S/O SHRI MOHAN LAL VISHNOI v. STATE OF RAJASTHAN
CRLMB/13668/2025 · 2026-01-12
Sameer Jain
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 19343 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19343 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:1160] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13668/2025 Rakesh Kumar S/o Shri Mohan Lal Vishnoi, R/o Village Gajjewala, Tehsil Bajju, Police Station Ranjitpura, District Bikaner (Rajasthan) (Presently Confined At Central Jail, Jaipur). ----Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Jitendra Choudhary, Adv. via VC For Respondent(s) : Mr. Rhishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN
Order 12/01/2026
1. The instant bail application has been filed under Section 483 of BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No.685/2023 registered at Police Station Sanganer, Jaipur for the offence(s) under Sections 419, 420, 120-B of IPC and Section 3, 7, 10 of Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2022.
2.
Learned counsel for the accused-applicant submits that the applicant, having no criminal antecedents, is behind the bars since
19.08.2025. It is submitted that the applicant is alleged of use of unfair practices in public examinations, as the allegations of impersonating two persons have been levelled. It is further submitted that the charge-sheet has already been filed and the applicant is currently employed under the public employment.
[2026:RJ-JP:1160] (2 of 2) [CRLMB-13668/2025]
3. Per contra, learned Public Prosecutor has vehemently opposed the instant bail application. It is submitted that as per the provisions enshrined under the Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2022, in the cases of frivolous appearances and dummy candidates/racket impersonation, upon conviction, the punishment is extendable up to ten years, but may extend to imprisonment for life. It is further submitted that being a public servant, the petitioner has made attempt to affect the purity, sanctity of public examination by marking his dummy appearance/impersonation. The prima facie evidence on the charge sheet is also supportive of the same. Moreover, it is submitted that the tangible evidences recovered in the instant matter are the financial transactions done by the beneficiaries of the said malpractice in the bank account of the applicant and the FSL report, and the same is also corroborative of story of the prosecution.
4. Considering the submissions put forth by learned counsel for the parties and taking note of the fact that the applicant, being public servant, has made deliberate attempt to affect the purity, sanctity of the public examination; that there established a chain of financial transactions between the beneficiaries of the malpractice and the accused; that the FSL report is supportive of story of the prosecution, and looking upon the overall facts of the case, this Court is not inclined to entertain the present bail application.
5. Accordingly, the instant bail application is dismissed.
(SAMEER JAIN),J CHANDAN /151