Amit Kumar S/O Phool Singh Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2026)

Amit Kumar S/O Phool Singh Vs State of Rajasthan — Anticipatory Bail | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: the S.H.O./I.O./Arresting Authority, Police Station Vigyan Nagar, District Kota City (F.I.R. No. 120/2024) directed that in the event of arrest the petitioner be released on bail on furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each, subject to conditions — (i) availability for interrogation as and when required; (ii) no inducement, threat or promise to any person acquainted with the facts; (iii) no departure from India without previous permission of the Court; and continued availability for investigation/interrogation whenever called by the Investigating Officer.

Issue for consideration

Whether the accused-petitioner, sought to be implicated in F.I.R. No.120/2024 (alleged solving of the Coastal Guard examination question paper) on the basis of co-accused statements and evidence of his presence at Kota and use of a common car, is entitled to anticipatory bail under Section 482 B.N.S.S. +1 more

Court's answer

Taking into consideration the overall facts and circumstances, particularly that the petitioner had already appeared before the Investigating Officer and been interrogated, the Court found it just and proper to extend the benefit of anticipatory bail to the petitioner.

Ratio / Principle

Any statement of a co-accused cannot be made the basis for convicting any person, and merely using a car along with other co-accused cannot be the sole ground for implicating the petitioner as an accused for the allegation of solving the question paper.

Key takeaways

In compliance with this Court's direction, the petitioner had already joined the investigation and appeared before the Investigating Officer — recorded as an admitted fact conceded by the learned Public Prosecutor.ratio¶¶25
Operative direction that in future the petitioner shall remain available for investigation/interrogation as and when the Investigation Officer calls him.ratio¶¶34

Detailed headnote1 paragraphs

Amit Kumar (in person) Vs. State of Rajasthan — S.B. Criminal Miscellaneous Bail Application No. 4281/2025, High Court of Judicature for Rajasthan, Bench at Jaipur (Ganesh Ram Meena, J.), order dated 05/01/2026. Anticipatory bail application under Section 482 B.N.S.S. arising out of F.I.R. No.120/2024, Police Station Vigyan Nagar, District Kota City, for offences under Sections 419, 420 & 120-of I.P.C., Sections 3 & 4 of Rajasthan Public Examination (Measures for Prevention of Unfair Means in Recruitment) Act, 2022 and Sections 66 & 66D of IT Act, alleging that the petitioner solved the question paper of the Coastal Guard examination. Held: (i) a statement of co-accused cannot be made the basis for convicting any person, and merely using a common car with co-accused cannot be the sole ground for implication; (ii) the petitioner, having complied with this Court's order dated 17.06.2025 by appearing before and being interrogated by the Investigating Officer (admitted by the Public Prosecutor despite the PP's plea of improper cooperation), was extended anticipatory bail — release on arrest upon personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each, conditional on availability for interrogation, abstention from inducement/threat/promise, and no departure from India without Court's permission, with a further direction to remain available for investigation as and when called.