Rajasthan High Court
CRLMB/13620/2024 of ASHOK KUMAR S/O SHRI GANESHARAM Vs STATE OF RAJASTHAN on 20 December 2024
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13620/2024 Ashok Kumar S/o Shri Ganesharam, R/o Jelatara, Police Station Jhaab, District Sanchore, Currently Physical Education Teacher At Government Higher Secondary School, Gazipura, Police Station
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 13620/2024
Ashok Kumar S/o Shri Ganesharam, R/o Jelatara, Police StationJhaab, District Sanchore, Currently Physical Education Teacher AtGovernment Higher Secondary School, Gazipura, Police StationBheenmaal, District Jalore (At Present Confined In Central Jail,Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Anoop PareekFor Respondent(s): Mr. N.S. Dhakar, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMANOrder 20/12/2024
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1. The instant bail application has been filed under Section 483of BNSS, on behalf of the petitioner, who has been arrested inconnection with FIR No.58/2024 registered at Special PoliceStation (SOG), District ATS & SOG for the offences punishableunder Sections 419, 420, 467, 468, 471 & 120B of IPC andSections 3, 4, 6, 7 & 10 of Rajasthan Public Examination(Measures for Prevention of Unfair Means In Recruitment) Act,2022.
2. It is contended by learned counsel for the petitioner that theaccused-petitioner has falsely been implicated in this case.Counsel submits that as per prosecution case, another personappeared on behalf of the petitioner in examination of PTI and inresult, petitioner was declared successful. It is further alleged in the FIR that during course of verification, it was found thatdummy candidate appeared on behalf of the petitioner. Learnedcounsel contends that in identical circumstances, bail has beengranted to other co-accused persons by Co-ordinate bench of thisCourt in S.B. Criminal Misc. Bail Application No.11789/2024. It iscontended that after investigation, police has submitted charge-sheet. It is contended that petitioner has no criminal antecedentsand he is in custody since 23.08.2024. Trial will take considerabletime in its conclusion and further custody of the petitioner wouldnot serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made bythe counsel for the petitioner. He submits that there is seriousallegation against the petitioner as such type of offences areincreasing.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstancesof the case; considering the arguments advanced by learnedcounsel for the petitioner, especially the fact that afterinvestigation, police has submitted charge-sheet; petitioner has nocriminal antecedents as also looking to the custody period, butwithout commenting anything on the merits/demerits of the case,I deem it proper to allow the bail application.
6. This bail application is accordingly allowed and it is directedthat accused-petitioner Ashok Kumar S/o Shri Ganesharam,shall be released on bail provided he furnishes a personal bond inthe sum of Rs.50,000/- (Rupees Fifty Thousand Only) togetherwith two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Courtwith the stipulation that he shall appear before that Court and anycourt to which the matter is transferred, on all subsequent datesof hearing and as and when called upon to do so.
7. It is made clear that the accused-petitioner shall mark hispresence once in every three months in the concerned policestation.
8. Concerned SHO is directed to maintain a register recordingthe attendance of the petitioner. In case the petitioner fails tomark his presence in the concerned police station, the concernedSHO is directed to immediately report the matter to the concernedCourt in this regard.
9. If any breach of these conditions is reported or come to thenotice of the Court, the same shall alone be a reason for the trialcourt to cancel the bail granted to him by this Court.
(ANIL KUMAR UPMAN),J