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2025 Supreme(Raj) 2461

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN, J.
Gamaram Alias Ghamaram Khileri, S/o Poonmaram - Petitioner
Versus
State Of Rajasthan, Through Pp - Respondent
S.B. Criminal 2nd Miscellaneous Bail Application No. 14588 OF 2025, S.B. Criminal 2nd Miscellaneous Bail Application No. 15402 OF 2025, S.B. Criminal 2nd Miscellaneous Bail Application No. 15515 OF 2025
Decided On : 25-11-2025

Advocates Appeared:
For the Petitioner: Mr. Prince Pal Singh, Mr. Sudhir Jain, Mr. Rajat Singh Solanki
For the Respondent: Mr. Fateh Ram Meena, Mr. Anurag Sharma, Special Pp With Mr. Anoop, Mr. Akshay Sharma

Bail applications in serious criminal matters are to be evaluated on individual merit considering past decisions and severity of charges without guarantee of parity.

Headnote:(A) Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992 - Sections 4, 5 and 6 - IPC - Sections 419, 420 and 120B - Bail applications filed by accused seeking release in connection with serious charges involving involvement in paper leak and dummy candidates - Court considered prior bail denials, dismissal in Supreme Court, and lack of compelling evidence to support bail - (Paras 1-22)

(B) Bail - Grounds of parity - Court highlighted that proximity in allegations does not guarantee identical treatment - Each case to be assessed on individual merits and evidence - (Para 19)

Facts of the case:
Three accused involved in serious criminal charges related to examination fraud; previous bail applications rejected multiple times based on evidence of involvement and gravity of charges.

Findings of Court:
Applications for bail are dismissed due to serious allegations against the accused and lack of sufficient grounds for bail.

Issues: Whether the gravity of charges and previous denials of bail warrant a reconsideration of bail applications.

Ratio Decidendi: The court emphasized that even when cases involve similar actors, the circumstances must be assessed minutely rather than applying a blanket rule for all; the gravity of allegations and sufficient evidence led to the decision.

Result: Applications for bail dismissed.

Table of Content
1. basis of the bail applications (Para 1 , 2)
2. claims of false implication and lack of evidence (Para 3 , 4 , 5 , 6 , 7 , 8 , 9)
3. opposition from prosecution and prior dismissals (Para 10 , 11 , 12)
4. arguments regarding similar cases and roles (Para 13 , 14 , 15 , 16 , 17)
5. court's duty to assess individual circumstances (Para 18 , 19 , 20 , 21)
6. conclusion on bail applications (Para 22 , 23)

ORDER :

ASHOK KUMAR JAIN, J.

1. The present bail applications under Section 483 of BNSS are filed by the applicants-accused Gamaram Alias Ghamaram Khileri S/o Poonmaram, Ram Niwas Vishnoi S/o Sukhram Vishnoi and Ramesh Kumar Vishnoi S/o Foosaram, seeking bail in respect of a criminal case registered as FIR No.10/2024 registered at P.S. Special Police Station (SOG) District – ATS and SOG, for the offence under Sections 419 , 420 and 120B IPC and 4, 5 and 6 of Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992 and 66D of IT Act.

2. First bail applications of these petitioners were dismissed by this Court on 01.09.2025. The material on record indicates that after dismissal of the bail application on 01.09.2025 petitioner-accused Gamaram filed SLP No. 14985/2025, and the same was dismissed on 25.09.2025 by the Hon’ble Supreme Court. As per the statement made on behalf of Ramnivas and Ramesh, no SLP has been preferred by them against the order dated 01.09.2025 passed by this Court.

3. Learned counsel for the applicant submits that the applicants has been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. They further submits that there are no chance of fleeing of applicants accused from the jurisdiction of this Hon’ble Court. He also submits that the applicants undertakes not to repeat offence and cooperate with trial, which will take time, as charge-sheet has been filed.

4. Learned counsel for the petitioners, while placing reliance upon order dated 15.09.2025 in Criminal Appeal No. 4045/2025, Shrawan v. State of Rajasthan , and Criminal Appeal No. 4046/2025, Vikramjeet Vishnoi v. State of Rajasthan , submitted that two accused, Shrawan and Vikramjeet, were granted bail by the Hon’ble Supreme Court. He also placed reliance upon order dated 09.10.2025 in Second Bail Application No. 12643/2025, Vijendra Kumar Joshi v. State of Rajasthan , passed by this Court and submitted that after the order in Criminal Appeal No. 4100/2025, Aditya Upadhyay v. State of Rajasthan , passed by the Hon’ble Supreme Court, this Court granted bail to Vijendra on the ground of parity. He further submitted that referring to order dated 16.09.2025 in Criminal Appeal No. 4099/2025, Bhagirath v. State of Rajasthan , and in Criminal Appeal No. 1401/2025, Ram Khiladi v. State of Rajasthan , after dismissal of bail on 01.09.2025 these accused were granted bail by the Hon’ble Supreme Court. Learned counsel has also referred to order dated 23.05.2025 in the case of Suresh Sahu v. State of Rajasthan , SLP (Criminal) No. 3413/2025, passed by the Hon’ble Supreme Court in a bunch of petitions and submitted that the Hon’ble Supreme Court granted bail to the accused considering the period of custody and the nature of sentence.

5. Learned counsel further referred to order dated 21.08.2025 in Criminal Miscellaneous Petition No. 6945/2025, and order dated 10.10.2025 in Miscellaneous Petition No. 4124/2025, passed by a Co-ordinate Bench at Jodhpur and submitted that even in some identical cases, the investigation has been stayed to the extent of the petitioners who filed the Miscellaneous Petitions.

6. Learned counsel has further referred to order dated 06.11.2025 in Second Miscellaneous Bail Application No. 14065/2025 titled as Babulal v. State of Rajasthan , and submitted that even this Hon’ble Court has granted bail on the ground of parity.

7. Learned counsel appearing for accused Gamaram submitted that the petitioner-accused was arrested on 11.07.2024 and is in custody i













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