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2026:HHC:9411

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 263 of 2026

Reserved on: 24.03.2026 Date of Decision: 31.03.2026

Mohit Kumar ...Petitioner

Versus

State of Himachal Pradesh ...Respondent

Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ No.

For the Petitioner : Mr Bhairav Gupta, Advocate.

For the Respondent : Mr Ajit Sharma, Deputy Advocate General.

Rakesh Kainthla, Judge

The petitioner has filed the present petition for seeking

regular bail in FIR No. 41 of 2025, dated 18.05.2025, registered for the commission of offences punishable under Sections 10 and 11 of the Public Examination (Prevention of Unfair Means) Act, 2024, at

Police Station Sadar Shimla, District Shimla, H.P.

2. It has been asserted that, as per the prosecution, Mohit Aashish, Manish Kumar, Gaurav, Ritu, Shubham and Mohit (present petitioner) were found with electronic devices on 18.05.2025 in Chapslee School, which was a designated Centre for JNV Selection test. The electronic devices were recovered from the

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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petitioner and Aashish at the time of their frisking at the entry gate, and they were not allowed to enter the examination room. The police registered the F.I.R., investigated the matter, and filed the charge sheet against the accused before the Court. The petitioner has been in custody since 19.05.2025. He belongs to a respectable family. The allegations against him are false. He is a permanent resident of Haryana and has roots in the society. He would abide by all the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed

and the petitioner be released on bail.

3. The petition is opposed by filing a status report asserting that the informant made a complaint to the police stating that Chapslee School was a designated centre for the JNV Selection Test conducted on 18.05.2025. Seven candidates, Mohit son of Sh. Chandi Ram, Aashish, Munish, Gaurav, Ritu, Shubam and Mohit son of Sh. Rajesh Kumar (the present petitioner) were found with unauthorised electronic devices. The electronic devices were recovered from the petitoner and Aashish at the time of their frisking at the entry gate, and they were not allowed to enter the examination room. The police registered the F.I.R. and investigated the matter. The accused revealed during the

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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. The analysis of call detail records showed that various calls were made. The call detail records and customer forms have been obtained, which need to be deeply analysed. The CCTV footage of the examination hall and the record of the examination were also seized. A special Investigating team was constituted to investigate the matter. The petitioner belongs to another state, and he is likely to abscond. The petitioner may be a part of the large organised

syndicate, hence the status report.

4. I have heard Mr Bhairav Gupta, learned counsel for the petitioner and Mr Ajit Sharma, learned Deputy Advocate General,

for the respondent/State.

5. Mr Bhairav Gupta, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. Co-accused Gaurav was granted bail by the Hon’ble Supreme Court of India in Special Leave to Appeal (Crl.) No(s).504/2026 decided on 20.03.2026. The petitioner is also entitled to bail on the principle of parity. Therefore, he prayed that

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the present petition be allowed and the petitioner be released on

bail.

6. Mr Ajit Sharma, learned Deputy Advocate General, for the respondent/State, submitted that the petitioner was involved in the commission of a heinous offence. He had adopted unfair means in the examination to steal a march over the other ca