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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE FARJAND ALI, J
Vijayraj S/o Varingaram – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
ORDER :
FARJAND ALI, J.
1. The present batch of bail applications have been filed under Section 439 Cr.P.C. by the petitioners who are in custody in connection with FIR No. 227/2022 registered at Police Station Bekariya, District Udaipur, for offences punishable under Sections 419, 420, 120-B of IPC and Sections 3, 4, 6, and 6(a) of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992, as well as Sections 3, 6, 9, and 10 of the Rajasthan Public Examination (Prevention of Unfair Means) Amendment Act, 2022.
2. The gist of the FIR is as follows –
On December 24, 2022, the Rajasthan Public Service Commission (RPSC) conducted an examination for the recruitment of Teachers Gr. II. A case of paper leak was uncovered in Udaipur. The police received information that some individuals were illegally selling exam papers to the candidates. Acting upon the aforesaid information, a police team intercepted a bus carrying examinees and upon search being made, the police team recovered copies of the question paper with marked answers from 39 candidates and other persons. These copies closely resembled the actual exam paper for which, several individuals, including candidates, were que
The court emphasized that bail is contingent upon the gravity of the offense, potential for evidence tampering, and public interest, especially in organized crime cases.
The court emphasized the necessity of corroborative evidence in cases of examination fraud, reinforcing that bail is the rule and jail is the exception.
The court deemed the release of the petitioner on bail appropriate due to prolonged custody and extensive trial delays, reinforcing conditions to prevent witness tampering and ensuring cooperation in....
The main legal point established is that the recovery of leaked examination materials and the progress of judicial proceedings are crucial factors in determining the guilt and bail eligibility of the....
The court established that under the Prevention of Money Laundering Act, the conditions for granting bail can be relaxed in light of prolonged custody and the absence of a quick trial, provided that ....
Bail may be granted even in serious allegations pending trial, emphasizing that pre-trial detention requires proof of guilt not merely allegations.
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