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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Gamaram Alias Ghamaram Khileri, S/o Poonmaram – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
| 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
Bail applications in serious criminal matters are to be evaluated on individual merit considering past decisions and severity of charges without guarantee of parity.
Though accused has right to make successive applications for grant of bail, court entertaining such subsequent bail applications has a duty to consider reasons and grounds on which earlier bail appli....
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 emphasized that if co-accused are granted bail under similar circumstances, the same should apply to the petitioner unless distinguishable factors exist.
Bail granted in sexual assault case due to prolonged custody over 19 months, doubtful prima facie case with hostile key witnesses, trial delay, no antecedents, and Article 21 protections, with string....
Bail is a rule, but denial is justified when serious allegations and criminal history indicate a likelihood of re-offending and tampering with evidence.
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