CRLMB/13492/2026 of HANUMAN PRASAD S/O GYARSILAL Vs STATE OF RAJASTHAN on 3 September 2026

Order

03/09/2026

1. The accused-petitioner has filed this third bail application under Section 483 B.N.S.S., arising out of F.I.R. No.10/2024 registered with the Police Station Special Police Station (S.O.G.), District ATS and SOG for offence under Sections 419, 420 and 120-B of IPC and Sections 4, 5 and 6 of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992, and Section 66D of Information Technology (Amendment) Act, 2008.

2. Heard.

3. Considered the submissions made at Bar and also

(2 of 4) [CRLMB-13492/2026] perused the materials made available on record.

4. The first bail application of the present accused- petitioner bearing S.B. Criminal Misc. Bail Application No.12558/2024 was dismissed by this Court vide order dated 22.11.2024.

5. The second bail application bearing S.B. Criminal Misc. Second Bail Application No.1428/2025 was dismissed by this Court vide order dated 18.07.2025.

6. As per the facts on record, the Police after completion of the investigation, has submitted charge-sheet against the present petitioner for offence punishable under Sections 419, 420, 467, 468, 471, 477, 477A, 408, 409, 201 and 109 read with Sections 34 and 120-B of IPC and Sections 3, 4, 5 and 6 of the Rajasthan Public Examination (Prevention of Unfairmeans) Act, 1992.

7. The petitioner is said to have approached the Hon’ble Apex Court by filing Petition(s) for Special Leave to Appeal (Crl.) No(s).14758/2025, which was disposed vide order dated 27.11.2025 with the observations that the petitioner would be at liberty to renew his bail application before the Trial Court, after six months, in the event that the trial does not proceed further, in which case the order of rejection of bail application, passed by the Trial Court, and the High Court will not stand in the way.

8. It is brought to the notice of this Court that the accused-petitioner was arrested on 23.06.2024 and after filing of

(3 of 4) [CRLMB-13492/2026] the charge-sheet, till date no charges have been framed against him. It is also brought to the notice of this Court that in this case, as on date, there are 151 accused persons, and more than 100 prosecution witnesses, to be examined by the learned Trial Court.

9. Looking to the number of prosecution witnesses, to be examined before the learned Trial Court in a case where charges have not yet been framed, the trial of the case may take further long time.

10. Apart from the offence punishable under Section 467 of IPC, the maximum punishment against all other offences, as alleged against the present petitioner, is three years. The petitioner has already suffered incarceration of more than two years.

11. Section 479 of B.N.S.S., 2023, speaks that where a person has, during the period of investigation, inquiry or trial under this Sanhita of an offence under any law (not being an offence for which the punishment of death or life imprisonment has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on bail.

12. Taking into consideration the overall facts and circumstances of the case and more particularly the fact that additional incarceration of more than two years and charges have not yet been framed against the petitioner, this Court without expressing any opinion on the merits and demerits of the case,

(4 of 4) [CRLMB-13492/2026] deems just and proper to enlarge the petitioner on bail.

13. Accordingly, this third bail application is allowed and it is directed that accused-petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall appear before that Court and any Court to which the matter be transferred, on all subsequent dates of hearing and as and when called upon to do so. (GANESH RAM MEENA),J 6/ARTI SHARMA