Rakesh Yadav S/O Shri Mohan Lal Yadav Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 6448/2025

Rakesh Yadav S/o Shri Mohan Lal Yadav, Aged About 30 Years, R/o Village Dhobolai Via Govindgarh, Tehsil Chomu, District Jaipur (Rajasthan) (Presently Lodged At District Jail Sikar).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 7649/2025

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Dinesh Kumar S/o Vidhyadhar, Aged About 26 Years, R/o Ghadel Nagar, Kolida, Police Station Dadiya, District Sikar (Rajasthan) (At Present Confined To District Jail Sikar).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Sudhir Jain Mr. Kapil Sharma For Respondent(s) : Ms. Arti Sharma, PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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03/09/2025

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These applications for bail filed under Section 483 of BNSS by the applicants-accused Rakesh Yadav S/o Shri Mohan Lal Yadav and Dinesh Kumar S/o Vidhyadhar in FIR No. 76/2025 dated 14.02.2025 registered at P.S. Sadar Sikar District - Sikar, whereby the applicants-accused were charged under Sections 319(2), 318(4), 61(2)(a) of BNS &

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Section 10(1) of Public Examination (Prevention of Unfair Means) Act, 2024.

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The applicants were arrested and are in judicial custody since their arrest. The Court below has dismissed the bail application.

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Learned counsel for the applicants relying upon grounds raised in bail applications submit that the applicants are innocent and falsely implicated in the present case. Further, they submitted that the investigation relating to present applicants-accused is complete and are no more required by the Investigating Agency for investigation. They also submitted that the trial will take its own time and no purpose will be served by keeping the applicants-accused in custody.

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Learned counsel for petitioner- Rakesh submits that as per role assigned by police present petitioner was working as VCO (Venue Commanding Officer) and his work was to verify the identity of candidate and give green signal but according to charge-sheet present petitioner given green signal to a dummy candidate (impersonator) without proper verification.

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Learned counsel appearing on behalf of Dinesh submitted that the role of involvement of present petitioner is only for exit verification and to verify exist of correct and actual candidate. He further submitted that at the most it is an act of negligence but not a connivance. Learned counsel has further submitted that there is no evidence of conspiracy and meeting of mind. At last, he submitted that a charge-sheet has already been filed against them.

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Aforesaid contentions were opposed by learned Public Prosecutor.

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Heard learned counsel for the applicants-accused and learned Public Prosecutor. Perused the material placed on record.

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On the basis of report lodged by Vikram Singh about incident of impersonation during SSC-GD examination held on 07.02.2025 at S.B.S. Teachers Training College and appearance of one impersonator in the examination with negligence of VCO and other persons. The report is registered and investigated. After investigation police has filed a charge-sheet against Rakesh Yadav, Dinesh Kumar, Sachin and Bajrang Lal for offence under Section 319(2), 318(4), 61(2)(a) of BNS and Section 3,5,9, 10(3) of Rajasthan Public Examination Act, 2024. The petitioner accused Rakesh was working as Venue Commanding Officer (VCO) and his duty was to confirm EF Id so that security guard may allow any person to the venue. As a result of wrong verification, an impersonator (dummy candidate) got entry to the venue and after the examination he exited the building and same was cleared by Dinesh Kumar.

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Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the

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case, the Court deems it appropriate to grant bail to the applicant-accused.

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Thus, the instant bail applications filed on behalf of applicants-accused Rakesh Yadav S/o Shri Mohan Lal Yadav, Dinesh Kumar S/o Vidhyadhar , are hereby allowed and ordered to be released on bail upon furnishing a personal bond of ₹50,000/- by each of applicant-accused with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:-

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(i) The applicants-accused shall not tamper with evidence or influence the witness in any manner.

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(ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law.

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(iii) The applicants-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court.

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(iv) In case of any violation of above conditions, the bail granted to the applicants-accused shall be liable to be canceled.

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The Registry is directed to send a copy of this order to the Trial Court through E-mail.

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(ASHOK KUMAR JAIN),J

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CHETNA BEHRANI /161-162

Rakesh Yadav S/O Shri Mohan Lal Yadav v. State of Rajasthan

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