[2025:RJ-JD:32842]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 5239/2025 Sakan Singh S/o Hurteng, Aged About 43 Years, Resident Of Bagayacha, Police Station Kushalgarh Banswara (Raj) (At Present Lodged At Central Jail Udaipur)

----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Lokesh Mathur.

For Respondent(s) : Mr. Deepak Choudhary, AAG.

Mr. Sameer Pareek, P.P.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

25/07/2025

1. The instant bail application has been filed by the petitioner under Section 483 BNSS who has been arrested in connection with the FIR No.215/2024 dated 05.07.2024 registered at the Police Station Badgaon, District Udaipur, for the offences under Sections 419, 420, 467, 471 and 120-B of IPC and Sections 3/10 of Rajasthan Public Examination Act, 2022.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, while alleging that he accepted an amount of Rs.7 lakhs for arranging a dummy candidate to appear in place of co-accused Suresh Chandra in the REET examination and said co-accused Suresh Chandra has been granted bail by a Coordinate Bench of this Court vide order dated 08.11.2024 passed in SBCRLMB No.10046/2024. He further submits that, as per the prosecution's version, the said amount was handed over to co-accused Ashok, who allegedly arranged the dummy candidate. It is submitted that the charge-sheet has been filed, no recovery is pending against the petitioner, and he has been in custody since 06.02.2025. Therefore, the petitioner is entitled to be enlarged on bail.

3. Per contra, learned Public Prosecutor opposes the bail application, however, is not in a position to refute the fact that allegation levelled upon the petitioner is that the petitioner took Rs.7 lakhs to arrange a dummy candidate for co-accused Suresh Chandra in the REET exam and the said amount was allegedly handed to co-accused Ashok, who arranged the candidate. He is also not in a position to refute that co-accused Suresh Chandra has been granted bail by a Coordinate Bench of this Court vide order dated 08.11.2024 passed in SBCRLMB No.10046/2024. He is also not in a position to refute the fact that the charge-sheet has been filed, no recovery is pending, and the petitioner is in custody since 06.02.2025.

4. Having considered the submissions advanced at Bar by learned counsel for the parties and having regard to the entirety of facts and circumstances of the case as available on record; and looking to the fact that trial may take a long time to conclude and, without expressing any opinion on the merits/demerits of the case, this Court deems it fit to enlarge the petitioner on bail.

5. Consequently, the bail application is allowed. It is ordered that the accused petitioner Sakan Singh S/o Hurteng, arrested in connection with FIR No.215/2024 dated 05.07.2024 registered at the Police Station Badgaon, District Udaipur, shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court, with a stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

(DR. NUPUR BHATI),J

76-Sumit/-