IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Manish Kumar – Appellant
Versus
State of HP – Respondent
CRMPM/2564/2025
For the Respondent(s)/State : Mr Prashant Sen, Deputy Advocate General, in all the petitions.
Rakesh Kainthla, Judge Since all the bail petitions have arisen out of the common F.I.R., therefore, they are being taken up together for disposal by way of a common judgment.
2. The petitioners have filed the present petitions for seeking regular bail in F.I.R. No. 41 of 2025, dated 18.05.2025, registered at Police Station Sadar Shimla, District Shimla, H.P., for the commission of offences punishable under Section 10 and 11 of the Public Examination (Prevention of Unfair Means) Act, 2024.
3. It has been asserted that the petitioners are young persons and they belong to respectable families. The investigation is complete, and no recovery is to be effected from the petitioners. The petitioners do not have any criminal antecedents. There is no apprehension of the petitioners absconding or fleeing from the course of justice. The petitioners had approached this Court earlier by filing Cr.MP(M) Nos. 1315, 1316 and 1318 of 2025, which were dismissed on 28.06.2025. The police filed the charge sheet before the learned Additional Sessions Judge (I), Shimla, in which 28 witnesses have been cited. It would take some time to record the statements of 28 witnesses. The other accused were released on bail. Similarly placed co-accused Ritu was also enlarged on bail. Similar FIRs were lodged for the same offence across the country. Other accused have been enlarged on bail by the Coordinate Bench.
Hence the petitions. u
4. The petitions are opposed by filing a status report asserting that the informant made a complaint to the police stating t hat Chapslee School was a designated centre for the JNV Selection Test conducted on 18.05.2025. Seven candidates, Mohit, Aashish, Munish, Gaurav, Ritu, Shubam and Mohit were found with unauthorised electronic devices. The electronic devices were recovered from Mohit and Aashish at the time of their frisking at the entry gate, and they were not permitted to enter the examination room. The police registered the F.I.R. and investigated the matter. They revealed during the interrogation that their father had entered into a deal to get the examination cleared. An amount of ₹2/2.50 Lakhs was to be paid in case of success. The police obtained call detail records, and some records are yet to be obtained. The petitioners were part of an organised crime Syndicate, and similar F.I.R.s have been registered in other States. The charge sheet has been prepared and presented before the learned Sessions Court, Shimla. Seven mobile phones and seven devices were sent to the State Forensic Science Laboratory (SFSL), Junga and the result is awaited. The other suspects would be associated, and a supplementary charge sheet would be filed buefore the Court. Hence, the status report.
5. I have heard Mr. Ravi Tanta, learned counsel for the petitioner(s) in all the petitions and Mr. Prashant Sen, learned Deputy Advocate General, for the respondents/State in all the petitions.
6. Mr Ravi Tanta, learned counsel for the petitioners, submitted that the petitioners are innocent and they were falsely implicated. The mobile devices stated to have been used by the petitioners for cheating in the examination were sent to SFSL, Junga, and the result is awaited. There is nothing on record to show that the petitioners had used any device to cheat in the examination. The petitioners have been behind the bars since 10.05.2025. The police have filed the charge sheet, and there is no apprehension that the petitioners would influence the witnesses. The petitioners would abide by the terms and conditions which the Court may impose. The other persons, accused of committing similar offences, were released on bail by the Coordinate Benches, and the petitioners are entitled to bail on the principle of parity. Therefore, he prayed that the present petitions be allowed and the petitioners be released on bail.
7. Mr. Prashant Sen, learned Deputy Advocate General for the
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