The use of fraudulent professional clearance certificates to secure medical internships is considered a serious offense that endangers public safety, outweighing the status of the accused as students or the absence of prior criminal antecedents.

Order

1. Instant bail applications have been filed by the petitioners under Section 483, B.N.S.S., 2023 who were arrested in connection with FIR No. 08/2026, dated 04.02.2026, registered at Special Police Station SOG, District ATS & SOG, for the offences punishable under Sections 420, 467, 468, 471 and 120B of IPC, 1860 and Section 66D of the Information Technology Act, 2000.

2. Learned counsel for the petitioners, though having common facts, while arguing their cases independently, submitted that petitioners got their MBBS Degree from Kazakhstan, Georgia and other countries respectively after completing their course. Thereafter, they were required to appear in Foreign Medical Graduate Examination ('FMGE') and only after clearing the said Examination, they become eligible to do the mandatory internship and on completion of the same, they would have become eligible for registration with Rajasthan Medical Council to practice as a Doctor in the State of Rajasthan.

3. Learned counsel submitted that their degrees as they acquired, are not in dispute, however, the SOG registered the first FIR bearing No. 34/2025 on 16.07.2025 in which charge-sheet was filed on 25.02.2026. Learned counsel further submitted that initially the FIR was registered against three persons, however, later on, others were also falsely implicated in the case, who are petitioners herein, by the impugned FIR No. 8/2026. In the said FIR, 86 persons have been already been named, arrested uptill now and several more are under investigation.

4. Learned counsel fairly admitted that some of the petitioners appeared in the FMGE Examination however, they could not clear the same. But when the fact of fake clearance certificate came to their knowledge, some of them either did not use the certificate and/or withdrew their mandatory internship from their respective hospitals which they were doing at that time.

5. Learned counsel further submitted that the conduct of petitioners is not so serious in nature as alleged in the impugned FIR, considering their status as students at that time and did not misused their degree professionally. Learned counsel further submitted that in absence of any criminal antecedents of any nature in the past, petitioners herein may be enlarged on bail.

6. Learned Government Advocate-cum-Additional Advocate General along with Investigating Officer of the case, who is present before the Court, strongly opposed the bail application and submitted that though petitioners are students, they all appeared for the FMGE and despite multiple attempts, failed to clear the same. Thereafter, petitioners came in contact with a gang, which provided fake FMGE clearance certificates to them, namely Subham Gurjar and other co-accused persons as named in the FIR No. 34/2025 and later on as named in FIR No.8/2026.

7. It was further informed that the members of the gang used the clearance certificate of the successful candidates and placed the details of the petitioners herein on those certificates. These certificates were used by the petitioners herein for submitting their internship application on the basis of which, almost all of them started their internship in the respective Government and Private Hospitals. It is only when the m