Rakesh Kainthla, Judge

Since both these petitions have arisen out of a common FIR, they are being taken up together for disposal.

2. The petitioners have filed the present petitions 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, District Shimla, H.P.

3. It has been asserted that, as per the prosecution, Mohit, Aashish, Manish Kumar (the present petitioner), Gaurav, Ritu Devi, Shubham (the present petitioner), and Mohit Kumar 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 Mohit 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 petitioners have been in custody since 19.05.2025. They belong to a respectable family. The allegations against them are false. They are permanent residents of Haryana and have roots in the society. They would abide by all the terms and conditions that the Court may impose. The co- accused Mohit has been enlarged on bail on 31.3.2026, and the petitioners are entitled to bail on the principle of parity. Hence, it was prayed that the present petition be allowed and the petitioners be released on bail.

4. The petitions are opposed by filing a status report asserting that the informant had 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, Aashish, Munish, Gaurav, Ritu Devi, Shubam and Mohit Kumar 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 allowed to enter the examination room. The police registered the F.I.R. and investigated the matter. The accused revealed during the interrogation that their fathers 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 petitioners belong to another state, and they are likely to abscond in case of their release on bail. The petitioners may be a part of the large organised syndicate; hence the status report.

5. I have heard Mr Ajay Kochhar, learned Senior Advocate, assisted by Ms Swati Sharma, learned counsel for the petitioner and Mr Lokender Kutehria, learned Additional Advocate General, for the respondent/State.

6. Mr Ajay Kochhar, learned Senior Counsel for the petitioner, submitted that the petitioners are innocent and they were falsely implicated. Hon’ble Supreme Court of India granted bail to the co-accused Gaurav in Special Leave to Appeal (Crl.) No(s).504/2026 decided on 20.03.2026, and this Court granted bail to co-accused Mohit in Cr.MP(M) No. 263 of 2026. The petitioners are also 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 Lokender Kutlehria, learned Additional Advocate General, for the respondent/State, submitted that the petitioners were involved in the commission of a heinous offence. They had adopted unfair means in the examination to steal a march over the other candidates. Such an act should not be lightly viewed. Hence, he prayed that the present petition b