[2026:RJ-JP:990] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No.16202/2025 Swarupa Ram S/o Shri Gomaram, Aged About 32 Years, R/o Verdon Ka Pana, Ramji Ki Gol Phata, Piprali, P.s. Gudhamalani, Distt. Barmer, Presently Working As Physical Teacher, Government Higher Primary School, Jakhdon Ki Dhani, Bhimathal, Dhorimanna, Distt. Baramer. (Presently Confined In Central Jail Jaipur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sudhir Jain and Mr. Prince Pal Singh For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. Rajesh Kumar, I.O., SOG, present in person HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/01/2026 1. The present second bail application under Section 483 of BNSS is filed by the applicant-accused Swarupa Ram S/o Shri Gomaram seeking bail in respect of a criminal case registered as FIR No.81/2024 dated 22.11.2024 registered at P.S. Special Police Station (SOG), Jaipur, District Jaipur for the offence under Sections 419, 420, 467, 468, 471 & 120B of IPC and Section 3, 4, 6, 7 and 10 of the Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2022 (for short ‘the Act of 2022’). [2026:RJ-JP:990] (2 of 5) [CRLMB-16202/2025] 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with trial, which will take time. 3. Learned counsel for the petitioner submits that after dismissal of first bail application by this Hon’ble Court, two witnesses were examined by the trial Court and still there is a large number of witnesses yet to be examined by the prosecution. He also submits that the present petitioner is in custody for last more than one year and there are two minor children dependent upon the present petitioner. He further referred bail order dated 16.12.2025 in case of Mahendra Kumar Vishnoi Vs. State of Rajasthan : S.B. Criminal Miscellaneous Bail Application No.15735/2025 and submitted that in identical case, a Co-ordinate Bench of this Hon’ble Court has granted bail to Mahendra Kumar Vishnoi. He also referred the charges against the petitioner and submitted that the petitioner was arrested on 26.11.2024 but till date no investigation has been done against Sri Satya Sai University of Technology and Medical Sciences, Sehore, Madhya Pradesh and Sabarmati University, Ahmedabad, Gujarat. At last, he submits that Hon’ble Supreme Court has granted bail to all these accused who remained in custody for more than one year and the present petitioner is in [2026:RJ-JP:990] (3 of 5) [CRLMB-16202/2025] custody for last one year and three months and the trial has not concluded so far. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He has also filed a report on behalf of SOG. He has also submitted a progress report and we have taken note of it. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. While considering first bail application on 26.08.2025, we have considered all submissions and we have observed as under:- “6. On basis of a complaint received on helpline of SOG about selection of Swaruparam in PTI Direct Recruitment Examination – 2022 without necessary qualification and appearance in written examination through a dummy candidate, the matter is investigated and afterwards a case is registered. During investigation, it was found that the present petitioner accused at the time of filing of application has mentioned that his result is awaited. The present petitioner has engaged Sunil Kumar for appearing as candidate on his behalf in the said examination. The material collected by SOG indicate that the present petitioner has not appeared in the examination rather Sunil Kumar has appeared as dummy candidate and ultimately the present petitioner was selected. After selection, the petitioner has procured a degree of B.P.Ed. from Satya Sai University of Technology and Medical Sciences, Sihor, Madhya Pradesh and Graduation degree from Sabarmati University, Ahmadabad (Gujarat). SOG has found that the graduation degree and the degree of B.P.Ed. were obtained in back date from these universities. The report submitted by SOG has indicate that in FSL report, it has been opined that the hand writing of [2026:RJ-JP:990] (4 of 5) [CRLMB-16202/2025] the petitioner accused is not matching with the hand writing available on OMR sheet and attendance sheet. The evidence collected by SOG indicate that the present petitioner has not appeared as candidate in the examination and further he procured false decree after selection. In case of Sunil Kumar (supra) a Co-ordinate Bench has granted bail to a person who was a selected candidate. In case of Laadu Ram (supra), a candidate was granted bail by this Court who was in custody since 26.11.2024 and allegation is to appear through dummy candidate. In case of C. Kamalakkannan Vs. State of Tamil Nadu, Hon’ble Supreme Court has opined that evidence of hand writing expert is only an expert opinion. The judgment in case of C. Kamalakkannan Vs. State of Tamil Nadu (supra) can be considered at the time of final adjudication. 7. Here in this case, the present petitioner accused has not appeared as a candidate and he engaged a dummy candidate Sunil Kumar though he is part of any organised syndicate. The petitioner accused is arrested on 26.11.2024 but in the instant case, the petitioner accused is not having any degree of both graduation and B.P.Ed. and both were procured after passing the written examination. Therefore, the case of the present petitioner is not similar as that of Laadu Ram (supra) and Sunil Kumar (supra).” 7. Two witnesses PW-1 Ajay Kumar and PW-2 Vishnu Kumar were examined by the trial Court and we have considered the statement of these witnesses. Here in this case, the allegation upon the present petitioner is of procuring false documents relating to false qualification from two Universities. The report submitted by SOG indicate that they are still investigating against the Universities. The Investigating Officer has also mentioned a fact that the dummy candidate Sunil Kumar was called by them and after [2026:RJ-JP:990] (5 of 5) [CRLMB-16202/2025] interrogation his specimen were sent to examination by FSL and same is pending. 8. The matter pertains to recruitment for the post of PTI in year 2022. The Act of 2022 is applicable upon the present petitioner and considering the gravity of offence, the petitioner is not entitled to be released on bail only on the ground that the petitioner is in custody since November, 2024. 9. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. 10. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. 11. Accordingly, the second application for bail filed under Section 483 of BNSS preferred by the applicant-accused Swarupa Ram S/o Shri Gomaram is hereby dismissed. (ASHOK KUMAR JAIN),J MR/11