SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(SC) 1011

SUPREME COURT OF INDIA
SANJAY KAROL, SATISH CHANDRA SHARMA, JJ.
Vijayraj – Petitioner
Versus
State Of Rajasthan – Respondent
Petition for Special Leave to Appeal (Crl.) No. 8255/2025, [Arising out of impugned final judgment and order dated 24-02-2025 in SBCRMBA No. 1394/2025 passed by the High Court of Judicature for Rajasthan at Jodhpur]
Decided On : 06-06-2025

Advocates Appeared:
For the Petitioner: Mr. Aruneshwar Gupta, Sr. Adv., Mr. Varun Dewan, Adv., Mr. Keshav Ishwar, Adv., Mr. Abhishek Sharma, Adv., Ms. Pratiksha Thakur, Adv., Mr. Vikrant, Adv., Mr. Tarun Gupta, AOR
For the Respondent: Mr. Saurabh Rajpal, Adv., Mr. Vinay Kumar Singh, Adv.

Bail is granted when the totality of circumstances, including duration of custody, warrants it, with conditions for cooperation and good conduct during trial.

Headnote:(A) Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992 - Sections 3, 4, 6, 6(a); Rajasthan Public Examination (Prevention of Unfair Means) Amendment Act, 2022 - Sections 3, 6, 9, 10; Indian Penal Code - Sections 4, 19, 420, 120B - Petition for bail in connection with offences under multiple sections; Petitioner has been in custody since 30.09.2023. (Para 2)

(B) Bail - Consideration of totality of circumstances and duration of custody; Petitioner granted bail with conditions for ensuring cooperation during trial and maintaining good conduct. (Paras 4, 5, 6, 10)

Facts of the case:
The petitioner is in custody regarding FIR No.227 dated 25.12.2022 for the aforementioned offences and seeks leave to appeal against the High Court's order denying bail. (Para 1)

Findings of Court:
The court grants bail considering the length of custody and other circumstances surrounding the case, allowing the petitioner to be released under certain conditions. (Paras 4, 10)

Issues: Whether bail should be granted to the petitioner in light of the circumstances, including his time in custody and the nature of the charges. (Para 2)

Ratio Decidendi: The court held that the totality of circumstances warranted bail, placing emphasis on the petitioner's cooperation with investigators and maintaining good conduct during the trial to ensure proper adjudication. (Para 5)

Result: Petitioner's bail granted under specified conditions.

Table of Content
1. petitioner's request for leave to appeal and custody details. (Para 1 , 2)
2. conditions and observations regarding bail granting. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11)
3. disposal of the special leave petition. (Para 12 , 13)

ORDER :

1. The petitioner seeks leave to challenge the order dated 24.02.2025 in SBCRMBA No. 1394/2025 titled “ Vijayraj vs. State of Rajasthan ” passed by the High Court of Judicature for Rajasthan at Jodhpur.

2. The petitioner is in custody since 30.09.2023 in connection with FIR No.227 dated 25.12.2022 registered at Police Station Bekriya, District-Udaipur, for the offences punishable under Sections 4 19 , 420 and 120B IPC, Sections 3 , 4, 6, 6(a) of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992 and Sections 3 ,6,9 and 10 of the Rajasthan Public Examination (Prevention of Unfair Means) Amendment Act, 2022.

3. Having heard learned counsel for the parties and perused the material placed on record, we are of the considered view that the petitioner has made out a case for interference with the impugned order dated 24.02.2025.

4. Considering the totality of circumstances and also the fact that the petitioner is in custody since 30.09.2023, we are inclined to grant bail to the petitioner on such terms and conditions as may be fixed by the Trial Court. Ordered accordingly.

5. It goes without saying that the accused, would fully co-operate with the Investigating Agency during the trial for ensuring its expeditious adjudication.

6. Needless to add, the petitioner would maintain good conduct and not endeavour to influence any of the witnesses, in any manner, till the completion of the trial.

7. Under no circumstances, petitioner shall seek any un-warranted adjournment during trial.

8. The petitioner shall furnish his latest address; place of residence; contact number to the Trial Court and shall report to the Investigating Officer at least once a month, till such time the challan is presented for trial.

9. To comply with the order, the petitioner shall be produced before the Trial Court forthwith.

10. In the event of any change of circumstance, it shall be open for the Trial Court to take steps for cancellation of bail, in accordance with law.

11. Learned counsel for the State of Rajasthan insists that during the trial, petitioner be restrained from staying within the State of Rajasthan. We see no reason to impose such a condition in the instant case.

12. The special leave petition is, accordingly, disposed of.

13. Pending application(s), if any, stands disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top