[2026:RJ-JP:990]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No.16202/2025 Swarupa Ram S/o Shri Gomaram, Aged About 32 Years, R/o Verdon Ka Pana, Ramji Ki Gol Phata, Piprali, P.s. Gudhamalani, Distt. Barmer, Presently Working As Physical Teacher, Government Higher Primary School, Jakhdon Ki Dhani, Bhimathal, Dhorimanna, Distt. Baramer. (Presently Confined In Central Jail Jaipur).

----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sudhir Jain and Mr. Prince Pal Singh For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. Rajesh Kumar, I.O., SOG, present in person HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

08/01/2026

1. The present second bail application under Section 483 of BNSS is filed by the applicant-accused Swarupa Ram S/o Shri Gomaram seeking bail in respect of a criminal case registered as FIR No.81/2024 dated 22.11.2024 registered at P.S. Special Police Station (SOG), Jaipur, District Jaipur for the offence under Sections 419, 420, 467, 468, 471 & 120B of IPC and Section 3, 4, 6, 7 and 10 of the Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2022 (for short ‘the Act of 2022’).

2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with trial, which will take time.

3. Learned counsel for the petitioner submits that after dismissal of first bail application by this Hon’ble Court, two witnesses were examined by the trial Court and still there is a large number of witnesses yet to be examined by the prosecution. He also submits that the present petitioner is in custody for last more than one year and there are two minor children dependent upon the present petitioner. He further referred bail order dated 16.12.2025 in case of Mahendra Kumar Vishnoi Vs. State of Rajasthan : S.B. Criminal Miscellaneous Bail Application No.15735/2025 and submitted that in identical case, a Co-ordinate Bench of this Hon’ble Court has granted bail to Mahendra Kumar Vishnoi. He also referred the charges against the petitioner and submitted that the petitioner was arrested on 26.11.2024 but till date no investigation has been done against Sri Satya Sai University of Technology and Medical Sciences, Sehore, Madhya Pradesh and Sabarmati University, Ahmedabad, Gujarat. At last, he submits that Hon’ble Supreme Court has granted bail to all these accused who remained in custody for more than one year and the present petitioner is in custody for last one year and three months and the trial has not concluded so far.

4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He has also filed a report on behalf of SOG. He has also submitted a progress report and we have taken note of it.

5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties.

6. While considering first bail application on 26.08.2025, we have considered all submissions and we have observed as under:-

“6. On basis of a complaint received on helpline of SOG about selection of Swaruparam in PTI Direct Recruitment Examination – 2022 without necessary qualification and appearance in written examination through a dummy candidate, the matter is investigated and afterwards a case is registered. During investigation, it was found that the present petitioner accused at the time of filing of application has mentioned that his result is awaited. The present petitioner has engaged Sunil Kumar for appearing as candidate on his behalf in the said examination. Th