Jagdish Vishnoi S/O Shri Hariram Jaani, Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 331/2025

Jagdish Vishnoi S/o Shri Hariram Jaani, Aged About 41 Years, R/o Danta, P.S. Sanchor, District Sanchor, Raj. (At Present Confined In Central Jail, Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through Special P.P.

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----Respondent

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For Petitioner(s) : Mr. V.R. Bajwa, Senior Advocate with Ms. Savita Nathawat, Adv. For Respondent(s) : Mr. Manvendra Singh, P.P. Mr. Shri Ram Dhakar, P.P. Mr. Onkar Singh Rajpurohit, P.P.

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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07/03/2025

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The instant bail application has been filed under Section 483 B.N.S.S. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.540/2020, registered at Police Station Sanganer, District Jaipur City (East) for the offence(s) under Section 420 IPC and Sections 4 & 6 of the Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 1992.

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It is contended by learned Senior Counsel for the petitioner that the petitioner has falsely been implicated for the offences under Sections 420, 120-B IPC and 4 & 6 of the Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 1992. It is further contended that the F.I.R. was lodged in the year 2020 and investigation was continued upto 4

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years. The petitioner was arrested on 29.02.2024. It is alleged against the petitioner that he leaked the R.S.M.S.S.B. J.E. Examination Paper.

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It is argued that the investigation continued for 4 years and in between 5 charge-sheets were produced against the other coaccused. All the charge-sheets submitted before arrest of the accused-petitioner and his name did not appear in the list of the accused, against whom the investigation was kept pending under Section 173(8) of Cr.P.C. It is also argued that there is no reliable or concrete evidence is available against the petitioner except the information of the other co-accused and information furnished under Section 27 of the Evidence Act by the petitioner. The information furnished by the petitioner under Section 27 of the Evidence Act is inadmissible as it states that the petitioner confirmed the place of Examination Centre from where the paper was leaked. The said information was already with the Police when the F.I.R. was registered. No incriminating mobile activity of the petitioner was found along with the other co-accused. The petitioner is behind the bars since 29.02.2024 and trial of the case may take considerable time as the charge-sheet against the petitioner and other co-accused is voluminous document containing long list of witnesses. The offence under Section 4 & 6 of the Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 1992 is triable by Magistrate and trial of the case may take considerable time. The bail application of the accused-petitioner was dismissed solely on the ground that he was involved in similar nature of cases and other offences were registered against him.

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It is also contended that other similarly placed co-accused namely, Naveen Kumar, Ravindra Kumar, Kishore Kumar, Balvir Singh Sunda and Mukesh Bana have already been enlarged on bail and the case of the petitioner is on better footing then the other co-accused, who have already been granted indulgence of bail, therefore, the bail application of the petitioner may be allowed.

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Learned Public Prosecutors have vehemently opposed the bail application. It is contended that the accused-petitioner is hand in gloves with the co-accused who leaked the paper of R.S.M.S.S.B. J.E. Examination and further circulated it to other candidates who appeared in the said examination. The accusedpetitioner is having long history of criminal cases, therefore, the bail application of the accused-petitioner, deserves dismissal.

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Heard and perused the material available on record. 7. The matter is pending since 2020. Charge-sheet against the petitioner was filed in the year 2024. The accused-petitioner was arrested on 29.02.2024 prior to the submission of the chargesheet against him, four charge-sheets were produced against other co-accused and investigation was kept pending against other co-accused under Section 173(8) of Cr.P.C.

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The name of the accused-petitioner did not appear in the first, second, third and fourth charge-sheet, submitted before the court below, in the list of accused, against whom the investigation was kept pending. Apart from the information furnished under Section 27 of the Evidence Act and statements of the co-accused, no incriminating material was recovered from the possession of the petitioner indicating his direct involvement in leaking the paper of R.S.M.S.S.B. J.E. Examination and further circulating it

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through mobile. The accused-petitioner is behind the bars since 29.02.2024. The other similarly placed co-accused have already been enlarged on bail by the Coordinate Benches. Though, the accused-petitioner was found to be involved in many criminal cases as the role of the accused-petitioner is not specific in the present case and lack sufficient evidence, the criminal background cannot be a sole ground to dismiss the bail application, therefore, the present bail application under Section 483 B.N.S.S. of the accused-petitioner is hereby allowed.

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It is ordered that the accused-petitioner Jagdish Vishnoi S/o Shri Hariram Jaani in connection with FIR No.540/2020, registered at Police Station Sanganer, District Jaipur City (East) 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 called upon to do so.

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(PRAVEER BHATNAGAR),J

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Ramesh Vaishnav /86

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Jagdish Vishnoi S/O Shri Hariram Jaani, v. State of Rajasthan

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Jagdish Vishnoi S/O Shri Hariram Jaani, v. State of Rajasthan

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