Citation : 2021 Latest Caselaw 16259 Raj
Judgement Date : 26 October, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 14167/2021
Pabu Ram Jangu S/o Poonma Ram Jangu, Age 23 Years, R/o Village Koja, P.S. Dhorimana, District Barmer, Raj. (At Present Lodged In District Jail, Barmer)
----Petitioner Versus State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. RJ Punia For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Judgment / Order 26/10/2021
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in judicial custody in
connection with F.I.R. No.316/2021, Police Station Dhorimanna,
District Barmer, registered for the offences under Section 419,
420, 465, 468 of IPC and Section 3/6 of Rajasthan Public
Examination Act (Use of unfair means) Act 1992.
Heard and considered the arguments advanced by learned
counsel for the petitioner and learned Public Prosecutor. Perused
the material available on record.
Learned counsel for the petitioner stated that exam was
conducted on 26.09.2021 and petitioner was arrested on
25.09.2021; petitioner was arrested on the basis that he has filled
two application forms with a plan that dummy candidate will be
appeared in REET Exam in place of him, whereas no specific
evidence has been collected in this regard; delivery of amount has
also not been proved; at the most, offence has not been
(2 of 2) [CRLMB-14167/2021]
committed and only preparation or attempt for offence is made
out against the accused-petitioner; further investigation and the
trial will take time. With these submissions, learned counsel for
the petitioner prayed that the benefit of bail may be granted to
the accused-petitioner.
Per contra, learned Public Prosecutor opposed the bail
application and stated that accused-petitioner made preparation
for appearance of dummy candidate in the exam in place of him.
Having regard to the facts and circumstances of the case,
particularly to the fact that exam was conducted on 26.09.2021
and petitioner was arrested prior to the date of exam on
25.09.2021; petitioner is behind the bars since 25.09.2021;
further investigation and the trial will take sufficiently long time,
therefore, without expressing any opinion on the merits/demerits
of the case, this Court is of the opinion that the bail application
filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioner Pabu Ram Jangu S/o Poonma Ram
Jangu, arrested in connection with F.I.R. No.316/2021, Police
Station Dhorimanna, District Barmer, shall be released on bail, if
not wanted in any other case; provided he furnishes a personal
bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to
the satisfaction of the learned trial Court with the stipulation to
appear before that Court on all dates of hearing and as and when
called upon to do so.
(DEVENDRA KACHHAWAHA),J
280-amit/-
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