[2025:RJ-JP:36182]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.11200/2025 Bhupendra S/o Paburam, Aged About 42 Years, R/o Parawa, P.S. Chitalwana, Distt. Jalore, (Raj.) Presently R/o H.No. 67C, Rajni Vihar, Ajmer Road, P.S. Karni Vihar, Jaipur (Raj.). (Presently Confined In High Security Jail Ajmer).

----Petitioner Versus State Of Rajasthan, Through PP(SOG)

----Respondent For Petitioner(s) : Mr. Mahendra Shandilya, Adv. with Mr. Prince Pal Singh, Adv.

For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

09/09/2025

1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.227/2022, registered at Police Station Bekriya, District Udaipur, for the offence(s) under Sections 419, 420 and 120-B of IPC and Sections 3, 4, 6 and 6(a) of the Rajasthan Public Examination (Prevention of Unfair Means) Act and Sections 3, 6, 9 and 10 of the Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2022.

2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is contended that the accused-petitioner is in custody since 24.02.2023 and the charges are yet not been framed. The charge-sheet itself is voluminous and contains list of 93 prosecution witnesses, the bail applications of other co-accused Vijay Kumar Damor and Arun @ Rajendra have already been granted by this Court and the bail application of co-accused Anita and Ramgopal was allowed by the Hon’ble Apex Court and the other co-accused Suresh Sahu has also been granted bail by the trial Court. It is also contended that in the eleven cases shown against the petitioner, he is on bail and out of 13 cases, 10 cases were registered after the arrest of the petitioner in the present case. There is no likelihood of the conclusion of trial in the near future and the trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed.

3. Learned Public Prosecutor has vehemently opposed the grant of bail application. It is contended that the petitioner along with other co-accused were found to be involved in mass cheating and leaking of question papers pertaining to the examinations conducted by the RPSC for recruitment to the post of Senior Teacher in subjects such as English, Hindi, Mathematics, Sanskrit, Science, etc. for the year 2022. It is also contended that the petitioner-Bhupendra is a habitual offender and against him 13 criminal cases related to leaking of the papers conducted by various authorities pertaining from the year 2010 to 2024 are pending, therefore, considering the gravity and nature of offence, the bail application of the accused-petitioner may be dismissed.

4. Heard and perused the material available on the record.

5. It is not desirable to express anything on the merits of the case, it is not denied by the prosecution that the charges have yet not been framed against the petitioner and the other co-accused and the petitioner is behind the bars from last two years and seven months, the charge-sheet contains list of 93 prosecution witnesses and there is no likelihood of conclusion of trial in near future, therefore considering the long incarceration of the petitioner, this Court deems it proper to enlarge the accused-

petitioner on bail.

6. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused-petitioner- Bhupendra S/o Paburam, in connection with FIR No.227/2022, registered at Police Station Bekriya, District Udaipur, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when