[2026:RJ-JP:1263] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 16014/2025 Subhash Chand S/o Shri Gurudayal, Aged About 54 Years, R/o Berasar Gumana, Police Station Rajgarh, District Churu, Rajasthan. (Presently Accused Petitioner Is Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous 2nd Bail Application No. 16015/2025 Sumit Kumar S/o Shri Shubash, Aged About 27 Years, R/o Butana Kundu, Police Station Baroda, District Sonipat, Haryana. (Presently Accused Petitioner Is Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Vedant Sharma Mr. Shivam Sharma Mr. Harshit Soni For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. Dharma Ram Gill, Additional SP (SOG), present in person. HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 12/01/2026 1. These bail applications were preferred by the petitioners- accused- Subhash Chand S/o Shri Gurudayal, Sumit Kumar S/o Shri Shubash, in a matter arising out of FIR No.13/2024 dated 08.04.2024 registered at Police Station [2026:RJ-JP:1263] (2 of 6) [CRLMB-16014/2025] SOG Jaipur under Sections 420, 467, 468, 471, 120-B of IPC and Section 66D of IT Act, 2008. 2. Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. He further submits that there are no chance of applicants accused fleeing from the jurisdiction of this Hon’ble Court. He also submits that the applicants undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for the petitioners submitted that on 05.8.2025 this Hon’ble Court has dismissed the bail applications of Suman Bhari, Sumit Kumar, Ganga Singh, Subash Chandra, Sukesh Kumar, and Babulal @ Babu Patel @ B.L. Patel. He further submitted that this Hon’ble Court has granted bail to Babulal @ Babu Patel @ B.L. Patel on the ground of parity after following the judgment of the Hon’ble Supreme Court in the case of Shahrukh @ Bunti Vs. State of M.P., (Criminal Appeal No. 1289/2023), on the ground that Pradeep Kumar, Sarita Kadvasra, and Jitendra were granted bail. He also submitted that even the son of Subhash was granted bail by the Hon’ble Supreme Court on 01.7.2025 along with other accused Mandeep Kumar. He further referred to the order dated 09.09.2025 in respect of Sarita Kadvasra and submitted that she was working as Vice- Chancellor and was granted bail by a coordinate Bench. He also submitted that Suman Bhari was also granted bail by the Hon’ble Supreme Court on 03.11.2025. He further [2026:RJ-JP:1263] (3 of 6) [CRLMB-16014/2025] submitted that the cases of the present petitioners are on better footing than other co-accused. He also submitted that while considering the period of incarceration, bail has been granted to Pradeep Kumar Sharma, who was one of the kingpins named by the SOG. Lastly, he submitted that in the case of Shriniwas Pandit Dharamadhikari vs. State of Maharashtra, (1980) 4 SCC 511, the Hon’ble Supreme Court has held that the certificates issued by colleges or authorities are not valuable security within the meaning of Sections 30 and 467 of IPC. He also referred to the order dated 01.12.2022 passed in Criminal Revision No. 3829/2018, Ghanshyam Patel @ Lallu vs. State of M.P., and submitted that the marksheet is not a valuable security within the meaning of Section 467 of IPC. 4. The aforesaid contentions were opposed by the learned Public Prosecutor, who placed reliance upon the order dated 07.1.2026 passed by the Education (Group-IV) Department and submitted that by invoking powers under Section 44 of the OPJS University, Churu Act, 2013, the Divisional Commissioner, Bikaner, was appointed as Administrator and directed to file a report under Sections 47(7) and 47(8) of the Act to the Government. He also submitted that at the time of search, several documents of different universities were found from the possession of Subhash Chandra and the seizure memo clearly reflects that Subhash Chandra was running a network of providing degree, mark sheets, and other documents from different colleges and universities. He also placed reliance upon the arrest memo of Sumit along [2026:RJ-JP:1263] (4 of 6) [CRLMB-16014/2025] with the seizure memo and submitted that Sumit was working as one of the loyal assistant of the owner of OPJS University, Churu. 5. Heard learned counsel for the parties and the learned Public Prosecutor, and perused the material placed on record by both the parties. 6. The first bail application of the petitioners were dismissed on 05.8.2025. The Hon’ble Supreme Court has granted bail to Suman Bhari on 03.11.2025 after custody of 10 months and 20 days. This Court has granted bail to Babulal @ Babu Patel @ B.L. Patel on 06.11.2025. Other co-accused, Sarita Kadvasra and Jitendra, were granted bail by a coordinate Bench on 9.9.2025 after custody of 14 months and 6 days. Another co-accused, Pradeep Kumar Sharma, who allegedly acted in conspiracy with Subhash, Paramjeet Singh, and university officials in facilitating issuance of fake and backdated degrees or mark sheets, was also released on bail by the Hon’ble Supreme Court on 14.8.2025 after custody of 16 months and 4 days. The material on record indicates that Mandeep Kumar and Paramjeet Singh, who were also named as co-accused, were released on bail by the Hon’ble Supreme Court on 01.7.2025 after custody of 14 months and 22 days. The chart submitted by the counsel for the petitioners indicates that except Sumit Kumar and Subhash Chandra, all were released on bail. Accused Sumit Kumar was arrested on 12.1.2025, whereas Subhash Chandra was arrested on 10.4.2024. It is also a fact that the bail application of Sukesh Kumar was dismissed by the Hon’ble [2026:RJ-JP:1263] (5 of 6) [CRLMB-16014/2025] Supreme Court. There is no update regarding the bail application of Ganga Singh. 7. The counsel for the petitioners have placed reliance upon judgments of the Hon’ble Supreme Court and a Co-ordinate Bench of the Madhya Pradesh High Court to contend that a degree or a mark sheet is not a valuable security within the meaning of Sections 30 and 467 of IPC. This issue can be raised at the stage of charge or at the time of final adjudication, but final adjudication is not the subject matter of bail. 8. The material on record indicates that the State of Rajasthan has initiated the process of liquidation of OPJS University, Churu, by invoking Section 44 of the OPJS University Act. An order issued by the State Government on 07.1.2026 is placed on record. The material placed on record by the learned Public Prosecutor indicates that from the possession of Sumit, several documents and other material were seized on 12.01.2025. Further recoveries were effected on 16.01.2025 and 17.1.2025. We have gone through the recovered hardware along with other material. The allegation against Sumit Kumar is that he used to change the list, as the entire data was kept in a portable disk, hard drive, or pen drive. 9. The recoveries memos prepared on five occasions clearly indicates that recoveries were effected from Subash which is sufficient to show that the petitioner was in possession of degrees, mark sheets, and other certificates of various universities, along with their seals and other material. [2026:RJ-JP:1263] (6 of 6) [CRLMB-16014/2025] 10. The material on record clearly indicates that Sumit Kumar and Subhash Chandra are among the kingpins involved in conspiracy with others in running a racket of issuance of fake and backdated degrees, mark sheets, and other certificates, including sports certificates, to individuals in need. The material on record is sufficient to draw a conclusion that these petitioners are prima facie involved in offence, which is of a grave nature. 11. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicants is prima facie sufficient to consider complicity of applicants in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicants accused on bail. 12. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail applications of the applicants accused at this stage. 13. Accordingly, the applications for bail filed under Section 483 of BNSS preferred by Subhash Chand S/o Shri Gurudayal, Sumit Kumar S/o Shri Shubash are hereby dismissed. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /1-2