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Rajasthan High Court · body

2019 DIGILAW 1022 (RAJ)

Devraj Singh v. State, Through PP

2019-04-04

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. The petitioner has been arrested in connection with FIR No. 174/2018 of Police Station Devnagar, District Jodhpur Metro for the offences punishable under Sections 3/6 of Rajasthan Public Examination (Use of illegal Means) Act and Section 420 and 120-B I.P.C. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the allegation against the petitioner is to the effect that he attempted to use unfair means and attempted to leak question papers of Second Grade Teachers Competitive Examination, 2018 held 31.10.2018. Learned counsel for the petitioner has submitted that the petitioner is in judicial custody since long and charge sheet has already been filed. 4. Learned counsel for the petitioner submit that the petitioner is ready to give undertaking before the trial court that he will not indulge in similar nature of crime in future. 5. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the petitioner is guilty of using unfair means in the competitive examination and also attempted to leak the question papers of competitive examination. It is submitted that the offence of using unfair means in competitive examination or cheating is a crime against the society and, therefore, the petitioner is not liable to be enlarged on bail. 6. Heard learned counsel for the parties. 7. It is true that offence of using unfair means in competitive examination or indulging in cheating in such examination is a crime in the society, however, taking into consideration the fact that no other case of similar nature is pending against the petitioners and taking a lenient view, I am inclined to grant bail to the petitioners. 8. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 9. 8. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C. 9. Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Devraj Singh S/o Raghuveer Singh shall be released on bail in connection with FIR No. 174/2018 of Devnagar Police Station, Jodhpur Metro provided he furnishes an undertaking before the trial court that he will not indulge in similar type of crime in future and also furnishes a personal bond of Rs. 2,00,000/- with two local sureties of Rs. 1,00,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. 10. It is made clear that if any case of similar nature is filed against the petitioner in future, during the pendency of trial of this case, the State will be at liberty to file application for cancellation of bail granted to him.