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2026 Supreme(Raj) 304

HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ASHOK KUMAR JAIN, J.
Sher Singh, S/o. Pratap Singh – Petitioner
Versus
State Of Rajasthan, Through PP – Respondent
S.B. Criminal Miscellaneous Bail Application No. 1158 of 2026 Connected With S.B. Criminal Miscellaneous Bail Application No. 2627 of 2026, S.B. Criminal Miscellaneous Bail Application No. 3104 of 2026, S.B. Criminal Miscellaneous 2nd Bail Application No. 3105 of 2026, S.B. Criminal Miscellaneous Bail Application No. 3889 of 2026, S.B. Criminal Miscellaneous 2nd Bail Application No. 4005 of 2026, S.B. Criminal Miscellaneous Bail Application No. 4632 of 2026, S.B. Criminal Miscellaneous Bail Application No. 5103 of 2026, S.B. Criminal Miscellaneous 3rd Bail Application No. 5781 of 2026, S.B. Criminal Miscellaneous Bail Application No. 5782 of 2026, S.B. Criminal Miscellaneous Bail Application No. 6448 of 2026, S.B. Criminal Miscellaneous 2nd Bail Application No. 7105 of 2026, S.B. Criminal Miscellaneous Bail Application No. 7106 of 2026.
Decided On : 22-05-2026

Advocates Appeared:
For the Petitioners:Mr. Madhav Mitra, Sr. Advocate assisted by Ms. Vaishnavi, Mr. Dilip Kumar Sharma, Mr. Ashok Kumar, Mr. Veerendra Singh and Ms. Jaya Mitra.
For the Respondents: Mr. Anurag Sharma, Spl.PP with Anoop Meena and Akshat Sharma.

In cases involving systemic corruption and mass rigging of public recruitment examinations, the gravity of the offense and impact on public interest override individual pleas for bail based on custody duration or parity, provided there is prima facie evidence of complicity.

Headnote:(A) Indian Penal Code - Sections 419, 420, 408, 409, 467, 468, 471, 477, 477A, 201, 109, 34, 120-B - Bharatiya Nagarik Suraksha Sanhita (BNSS) - Sections 482 and 483 - IT Act - Section 66D - Recruitment examination - Mass rigging - Paper leak - Unfair means - Bail - Gravity of offense - Primacy of public interest.

(B) Bail - In cases of serious offenses involving the systemic subversion of public examination systems, the gravity of the offense and the collective societal impact take precedence over the duration of incarceration or arguments of parity with co-accused. Forensic and material evidence indicating complicity constitutes strong prima facie grounds to decline early release during investigation or preliminary trial stages. (Paras 18, 27, 29, 31, 32)

Facts of the case:
Multiple petitions for regular and anticipatory bail were filed by various persons accused of involvement in a large-scale recruitment examination malpractice case. The allegations included the use of proxy/dummy candidates, illegal leakage of examination papers, and complex criminal conspiracy to subvert the recruitment process for law enforcement positions. The applicants sought relief on grounds of parity with other released co-accused, the duration of prior custody, and delay in the commencement of the trial.

Findings of Court:
The court observed that mass rigging and the subversion of recruitment processes for public service positions constitute serious socioeconomic offenses that fundamentally erode public institutional integrity. Considering the material evidence, including forensic reports linking specific accused to impersonation and conspiracy, the court determined that the petitioners' complicity was evident at a prima facie level, rendering the release inappropriate.

Issues: Whether bail, in regular and anticipatory forms, is warranted for accused involved in systemic examination recruitment scandals based on factors such as protracted custody and parity, despite the gravity of the alleged conspiracy and its impact on the integrity of public examinations.

Ratio Decidendi: Where an offense involves large-scale criminal conspiracy affecting the integrity of public examination systems, judicial discretion is appropriately exercised by denying bail, regardless of custodial duration, when sufficient prima facie material links the accused to the crime and the trial warrants expedited proceedings.

Result: All bail applications dismissed; trial court directed to expedite proceedings on a day-to-day basis.

Table of Content
1. consolidation of multiple bail applications in a single fir. (Para 1 , 2 , 3)
2. summation of contentions by applicants and prosecution's opposition. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18)
3. evaluation of factual records and judicial precedents regarding trial delays. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26)
4. denial of bail due to the gravity of systemic examination rigging. (Para 27 , 28 , 29 , 30 , 31 , 32)
5. final dismissal order and directive for expedited trial. (Para 33 , 34 , 35)

Order :

ASHOK KUMAR JAIN, J.

1. S.B. Criminal Miscellaneous Bail Application No. 1158/2026 ( Sher Singh Vs. State of Rajasthan ), Bail Application No. 2627/2026 ( Ashok Kumar Vs. State of Rajasthan ), Bail Application No. 3104/2026 ( Chunaram Vs. State of Rajasthan ), 2nd Bail Application No. 3105/2026 ( Anil Kumar Meena @ Sher Singh Meena Vs. State of Rajasthan ), 2nd Bail Application No.4005/2026 ( Harshvardhan Kumar Meena V. State of Rajasthan ), Bail Applicatioin No.4632/2026 ( Kunal Choudhary Vs. State of Rajasthan ), 3rd Bail Application No.5781/2026 ( Ramesh Kumar Vishnoi Vs. State of Rajasthan ), 2nd Bail Application No.7105/2026 ( Paurav Kaler Vs. State of Rajasthan ) and Bail Application No.7106/2026 ( Ashok Kumar S/o Jagmalram Vs. The State of Rajasthan ) are filed under Section 483 of BNSS in relation to FIR No. 10/2024 dated 03.03.2024 registered at Police Station Special Police Station (SOG), District ATS and SOG for the offence under Sections 419, 420, 408, 409, 467, 468, 471, 477, 477A, 201, 109 read with Sections 34 and 120-B of IPC and under Sections 3 , 4, 5 and 6 of Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 1992 (for short 'the Act of 1992') and under Section 66D of IT Act.

2. S. B. Criminal Miscellaneous Bail Application No.3889/2026 ( Abhay Singh Vs. State of Rajasthan ), Bail Application No. 5103/2026 ( Kamlesh Kumar Vs. State of Rajasthan ), Bail Application No. 5782/2026 ( Ganpat Ram Bishnoi Vs. State of Rajasthan ) and Bail Application No. 6448/2026 ( Subhash Muwal Vs. State of Rajasthan ) are filed for anticipatory bail under Section 482 of BNSS in same FIR.

3. Since all these matters pertain to same set of facts and same FIR, therefore we are deciding these bail applications with a common order.

4. Learned counsel appearing on behalf of Sher Singh submitted that the allegation upon the present petitioner is appearing for himself in the examination of Sub-Inspector on 14th September, 2021 and also appearing as dummy candidate on 13th and 15th September, 2021 on behalf of Mangalaram and Manohar Singh. He submitted that the petitioner was selected, and Mangalaram was not selected but Manohar Singh was selected. He also submitted that both Mangalram and Manohar were granted bail. He also submitted that till date, no FSL report has been filed to show that the present petitioner has impersonated to appear in Sub-Inspector examination. It is also submitted that he is in custody since 25th September 2025.

5. Learned counsel appearing on behalf of petitioner Ashok Kumar S/o Jeevanram has submitted that he has appeared as dummy for Kunal Choudhary (petitioner herein) who is also seeking bail. He also submitted that there is no proof of financial involvement as both are friends. He also referred the mention by the agency about the gift of Rs.3,00,000/- by Kunal Choudhary to petitioner. He further referred the provision under the Act of 1992 and submitted that the words as used therein clearly shows that no case against the petitioner is made out, to invoke case of unfair means. He also referred mental illness of the petitioner and submitted that the case of the present petitioner is only for appearing as a dummy on behalf of Kunal Choudhary and there is no evidence to show that the petitioner has appeared as dummy. He also submitted that petitioner is arrested on 14th December 2025 and since then he is in custody.

6. Learned Senio

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