[2026:RJ-JP:16288] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4722/2026 Mohit S/o Satish Chand, Aged About 31 Years, R/o Near Mandawara Phatak, Shiv Colony, Police Station New Mandi Hindaun City, District Karauli. (At Present Sub Jail Hindaun City). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Anil Kumar Shukla Mr. Rajendra Prasad Gautam For Respondent(s) : Mr. Vivek Sharma, PP Mr. Surender Singh, SI, P.S. New Mandi Hindaun, District Karauli is present in person HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 17/04/2026 1. The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.2/2026 registered at Police Station New Mandi Hindaun, District Karauli for offences under Sections 420, 467, 468 and 471 IPC and Sections 3, 4 and 6 of Rajasthan Public Examination Act, 1992. 2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record. 3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that the allegation against the present petitioner is that he has forged the Income Tax Return pertaining to his father and, on the basis of the same, secured public employment. It is submitted [2026:RJ-JP:16288] (2 of 3) [CRLMB-4722/2026] that the petitioner is an innocent person and has not forged any document. It is further submitted that, though in Form No. 16, the income of the petitioner’s father has been shown as ₹14,97,027/- and in the relevant return, it is ₹7,90,670/-, but incorrect disclosure in the Income Tax Return, if any, is attributable solely to the petitioner’s father, who is responsible for filing the same, and the petitioner cannot be held liable for such fault. It is further submitted that the petitioner has relied upon genuine documents while obtaining the EWS certificate. Even assuming, without admitting, that there is any discrepancy in the documents submitted, the same would not automatically fasten criminal liability upon the petitioner unless it is shown that he had active involvement in the alleged forgery or manipulation. It is submitted that the liability for any incorrect or false document primarily lies upon the person who prepares the same, and not upon the person who had no role in its preparation. No document is sent for FSL examination. He further contended that it is the duty of issuing authority, to issue the certificate after due verification of all the facts, for which, petitioner cannot be held liable. The petitioner has been in judicial custody since 17.03.2026. The trial of the case will take considerable time, therefore, no fruitful purpose would be served by keeping the petitioner in further custody, consequently, the bail application deserves to be allowed. 4. Learned Public Prosecutor has vehemently opposed the bail application. Learned Public Prosecutor and the Investigating Officer have not refuted the arguments about vicarious liability of son, if the father has filed the wrong Income Tax Return. [2026:RJ-JP:16288] (3 of 3) [CRLMB-4722/2026] 5. The Investigating Officer, who is present in person before this Court, has been questioned by this Court regarding the possibility of filing two Income Tax Returns on the basis of Form No. 16, which reflects an income of ₹14,97,027/- for the assessment year 2022–23. However, the Investigating Officer has taken a forceful stand that only one return has been filed, which contains the same income figure as disclosed by the petitioner in his application for obtaining the EWS certificate. 6. On consideration of the rival submissions and material available on record and in light of submission made by learned counsel for the petitioner but without expressing any opinion on merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner. 7. Consequently, the bail application under Section 483 B.N.S.S. is allowed and it is directed that the petitioner Mohit S/o Satish Chand, be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court on all subsequent dates of hearing till conclusion of the trial. (PRAMIL KUMAR MATHUR),J Arun/68