Vijayraj S/o Varingaram v. State of Rajasthan, Through Pp
2025-02-24
FARJAND ALI
body2025
DigiLaw.ai
ORDER : FARJAND ALI, J. 1. The present batch of bail applications have been filed under Section 439 Cr.P.C. by the petitioners who are in custody in connection with FIR No. 227/2022 registered at Police Station Bekariya, District Udaipur, for offences punishable under Sections 419, 420, 120-B of IPC and Sections 3, 4, 6, and 6(a) of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992, as well as Sections 3, 6, 9, and 10 of the Rajasthan Public Examination (Prevention of Unfair Means) Amendment Act, 2022. 2. The gist of the FIR is as follows – On December 24, 2022, the Rajasthan Public Service Commission (RPSC) conducted an examination for the recruitment of Teachers Gr. II. A case of paper leak was uncovered in Udaipur. The police received information that some individuals were illegally selling exam papers to the candidates. Acting upon the aforesaid information, a police team intercepted a bus carrying examinees and upon search being made, the police team recovered copies of the question paper with marked answers from 39 candidates and other persons. These copies closely resembled the actual exam paper for which, several individuals, including candidates, were questioned. The investigation revealed a significant match between the seized copies and the official question paper as 80 out of 100 questions got matched. 3. On the basis of the above, arrests were made in connection with the offense, which involved violation of Sections 419, 420, and 120B of the Indian Penal Code, and Sections 3, 4, 6, and 9/10 of the Rajasthan Public Examinations Act of 1992, along with Sections 3, 6, and 9/10 of the Rajasthan Public Examinations Act of 2022. During investigation, the involvement of individuals namely Suresh Kumar Bishnoi, Bhajan Lal, and Ravta Ram in procuring and distributing the leaked papers was found. At the time of seizure, a printer and blank papers were recovered from the bus, as these articles were allegedly used for preparing copies of the paper/exam in question, as a consequence of which, the exam was subsequently postponed. 4. Before proceeding further, it would be just and proper to outline the factual matrix of the case as it emerges from the factual report and the case diary placed on record. The case, as unveiled during the hearing of learned counsel for the parties, reveals a broader and meticulously orchestrated conspiracy involving multiple individuals.
4. Before proceeding further, it would be just and proper to outline the factual matrix of the case as it emerges from the factual report and the case diary placed on record. The case, as unveiled during the hearing of learned counsel for the parties, reveals a broader and meticulously orchestrated conspiracy involving multiple individuals. Given the gravity of the allegations and the interconnected nature of the roles played by each accused, it becomes essential to delineate their specific involvement in the alleged offence. 5. In light of the foregoing, a brief account of the role attributed to each accused, as reflected in the case materials, is set forth herein: 6. CRLMB No. 139 4/2025 A review of the case materials reveals that accused Vijay Raj Verma S/of Waringaram Verma (hereinafter referred as ‘Verma’) was actively involved in orchestrating the leak of the question paper for Teachers Gr. II Exam-2022 conducted by the Rajasthan Public Service Commission (RPSC). Despite his not being a candidate, he leveraged his position as a Community Health Officer (CHO) to facilitate the illicit exchange of the leaked paper. The investigation establishes that Vijay Raj assured co-accused Ramesh Ram Meghwal (hereinafter referred as ‘Meghwal’) for providing the leaked question paper for which an amount of Rs.8-10 lakhs demanded. The Call Detail Records (CDR) and mobile analysis confirmed multiple communications between Verma and Meghwal on 22 nd and 23 rd December 2022, which substantiated their conspiracy. On 23.12.2022, Verma traveled from his village to Udaipur, coordinated his associate Ashok Vishnoi and arranged Meghwal's transport via motorcycle and car to a location where the copies of leaked paper were distributed. Subsequently, Meghwal was apprehended on 24.12.2022, in possession of the leaked question paper inside a bus operated by the paper leak syndicate. Vijay Raj was arrested on 30.09.2023, and crucial digital evidence, including his mobile phone with relevant IMEI numbers and SIM cards, were seized. The evidence establishes his role in the organized crime network engaged in leaking competitive examination papers for financial gain. 7. CRLMB No. 14982/ 2023 Accused Rajeev Kumar Upadhyay was arrested on 26.02.2023. He played a crucial role in facilitating the organized paper leak conspiracy. On 19.12.2022, he was informed by Gopal Saran about the leaked General Knowledge paper of the Teacher Gr.II Examination, which was scheduled on 24.12.2022, he obtained it from Bhupendra Saran.
7. CRLMB No. 14982/ 2023 Accused Rajeev Kumar Upadhyay was arrested on 26.02.2023. He played a crucial role in facilitating the organized paper leak conspiracy. On 19.12.2022, he was informed by Gopal Saran about the leaked General Knowledge paper of the Teacher Gr.II Examination, which was scheduled on 24.12.2022, he obtained it from Bhupendra Saran. In furtherance of the conspiracy, on 21.12.2022, Rajeev Kumar arranged a secluded location— Green Field Resort & Club, Jaipur—where candidates were gathered and coached for the leaked paper. Statements of multiple witnesses, including the resort owner, confirmed his involvement. He was closely associated with key conspirators, including Bhupendra Saran, Gopal Saran (dismissed Sub-Inspector), and Omprakash Modaran (accused in grave offenses like abduction and murder). Though, not an aspirant but he was an active member of the organized paper leak racket, benefiting financially from the unlawful dissemination of examination papers thus, his acts fall under Section 10(2) of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 2022, which prescribes stringent punishment including imprisonment of five to ten years and a fine ranging from ten lakh to ten crore rupees. 8. CRLMB No. 82/ 2024 Pukhraj Vishnoi played a crucial role in the broader conspiracy of leaking the question paper of Teacher Gr. II Recruitment Examination (2022) conducted by Rajasthan Public Service Commission (RPSC). Acting as a key intermediary, he was in direct communication with the main conspirators, including Suresh Kumar Sahu and Suresh Kumar Dhaka, and was instrumental in facilitating the dissemination of the leaked paper to the candidates. The investigation reveals that the solved question paper was sent to Pukhraj Vishnoi via WhatsApp on his mobile number (9610894673) by co-accused Suresh Kumar Sahu whereafter he then arranged for its printing and distribution at Hotel Himanshi in Udaipur, where candidates were staying. Additionally, he actively coordinated the other members of the syndicate, including Gopal Vishnoi and Manglaram, ensuring that candidates received the solved paper before the exam. He was also in contact with Suresh Kumar Dhaka, to whom he shared the hotel’s location via WhatsApp and later warned about police movement by sending a message saying “police aagi.” During a police raid at Hotel Himanshi, Udaipur on 23.12.2022, a copy of the solved question paper was recovered from his possession, wherein answers were marked.
He was also in contact with Suresh Kumar Dhaka, to whom he shared the hotel’s location via WhatsApp and later warned about police movement by sending a message saying “police aagi.” During a police raid at Hotel Himanshi, Udaipur on 23.12.2022, a copy of the solved question paper was recovered from his possession, wherein answers were marked. His mobile phone records indicate deliberate deletion of call logs from 20.12.2022 to 24.12.2022, further corroborating his involvement in the organized crime. The evidence establishes his deep involvement in the unauthorized acquisition, distribution, and facilitation of leaked question papers, making him a pivotal figure in the examination scam. 9. CRLMB No. 15135/ 2024 Accused Rajeev Vishnoi who is a former government- teacher, has emerged as a key conspirator in the large-scale examination paper leak scandal, demonstrating deep-rooted connections with organized cheating networks. Investigation reveals that he played a pivotal role in securing and distributing leaked question papers as also in exchange of monetary gains. He was in direct contact with co-accused Nagraj Meghwal and Mahendra Kumar Prajapat, both of whom were his collegemates. Vishnoi facilitated the illegal procurement of question paper of Teacher Gr.II Exam, 2022 (General Knowledge) for Rs.8-10 lakh. His WhatsApp communication records confirmed extensive interactions with both accused on 23.12.2022, the day before the examination, through his mobile number 7877026353. These interactions included multiple calls and messages, corroborating his active involvement in orchestrating the paper-leak. 10. Further, Vishnoi collected the admit cards of Nagraj and Mahendra Kumar via WhatsApp and coordinated with a larger cheating syndicate to arrange their transportation to a bus where the leaked question paper was provided and solved in advance. His complicity is substantiated by the forensic analysis of mobile phones seized from co-accused, wherein his name was saved as “Rajiv29.” on 05.10.2023, at the time of his arrest, the law enforcement recovered two mobile phones and multiple SIM cards, out of which, one was used in a dongle for internet access to facilitate illicit communication related to the leak. The investigation also uncovered attempts to delete crucial digital evidence from his devices. 11.
The investigation also uncovered attempts to delete crucial digital evidence from his devices. 11. As per the factual report submitted by the learned Public Prosecutor which further revealed that Vishnoi was involved in paper leak relating to 2024 Rajasthan Sub- Inspector recruitment examination, where he not only aided in leaking the question paper but also secured his own selection through fraudulent means, ranking 70 th on the merit list. His history of malpractice dates back to the year 2013 when the Junior Accountant and Tehsil Revenue Accountant Competitive Examination was conducted and he was debarred from all RPSC exams. The present investigation aims to identify other co-conspirators, the exact financial transactions involved and the larger network enabling such leaks. 12. CRLMB No. 15136/ 2024 Accused Ramgopal Meena played a pivotal role in the meticulously orchestrated conspiracy involving the paper- leak of the Rajasthan Public Service Commission (RPSC) Teacher Gr.II Examination 2022. As a close associate and driver of co-accused Anil Kumar Meena @ Sher Singh Meena, Ramgopal accompanied him on multiple occasions to Ajmer, where they visited the government residence of Praveen Kumar Sutaliya in Railway Colony. This location served as the hub for key conspirators, including Kamlesh Meena, Balram Meena, and Gopal Singh, to strategize and execute the unlawful procurement of the General Knowledge paper before the scheduled examination date. Ramgopal was not merely an observer but was actively involved in the conspiracy, possessing full knowledge of the illicit activities being carried out. On 19.12.2022, he was in Jaipur near Teja Foundation at a roadside tea stall, there Anil Kumar Meena handed over a set of the leaked question paper to Bhupendra Saran and Suresh Dhaka, further cementing his complicity in the crime. Additionally, Ramgopal played a crucial financial role, maintaining records of the money transactions related to the illegal paper leak and monitoring Anil Kumar Meena’s property details and assets. His role extended beyond logistics and finance, as he was also responsible for storing and handling incriminating documents and electronic devices during the period when Anil Kumar Meena was absconding. The materials recovered from his possession including an Eco Sports vehicle used in the crime, notebooks containing candidate details, financial ledgers, original mark sheets, bank records, blank cheques, and multiple electronic gadgets, all of which are direct evidence of his involvement.
The materials recovered from his possession including an Eco Sports vehicle used in the crime, notebooks containing candidate details, financial ledgers, original mark sheets, bank records, blank cheques, and multiple electronic gadgets, all of which are direct evidence of his involvement. Call detail records further establish his long-standing and frequent communication with key accused individuals, including Anil Kumar Meena, Praveen Kumar Sutaliya, and Balram Meena, over a period of one year, indicating deep entrenchment in the conspiracy. Moreover, Ramgopal himself had access to the leaked question paper and facilitated its distribution among the candidates. 13. CRLMB No. 15138/2024 Gama Ram Khileri, a government employee serving as a Patwari at the time of the incident, played a significant role in facilitating the paper-leak of the Teacher Gr.II Examination 2022. His close association with the main accused Bhupendra Saran discloses his active involvement in the conspiracy. Evidence from case materials establishes that Gama Ram was contacted via WhatsApp by Bhupendra Saran, informing him about the paper leak and seeking candidates, who were willing to pay for access. Subsequently, Gama Ram arranged Sunil Vishnoi to travel to Udaipur for examinee, where the leaked General Knowledge paper was to be solved, a night before the examination. Investigation further confirms that he acted as a middleman, brokering the paper for Rs.8 lakh from Bhupendra Saran and reselling it for Rs.10 lakh to Sunil Vishnoi. Forensic analysis report regarding his mobile records and call data further corroborates his involvement in coordinating the fraudulent operation. Additionally, Gama Ram has a history of criminal involvement in multiple public examination frauds, including cases registered in the years 2015, 2021, and 2024, where he played a crucial role in paper leaks and illicit candidate selections. 14. CRLMB No. 297/2025 Anita Kumari Meena, who was employed as the Deputy Manager at SBI’s Kohinoor Branch, Jaipur. She was arrested on 02.04.20223, in connection with paper-leak related to Teacher Gr.II exam, 2022. She is a co-accused in the present case, who played a significant role in the broader conspiracy surrounding the paper leak Teacher Gr. II Exam, 2022. She was closely associated with Anil Kumar Meena, (who is a prime accused) and facilitated the unauthorized distribution of the leaked examination paper.
She is a co-accused in the present case, who played a significant role in the broader conspiracy surrounding the paper leak Teacher Gr. II Exam, 2022. She was closely associated with Anil Kumar Meena, (who is a prime accused) and facilitated the unauthorized distribution of the leaked examination paper. The investigation revealed that Anita Meena was aware of the leaked paper and actively assisted in its reproduction by arranging a printer at her residence in Jaipur, where the question paper was formatted and printed for circulation. She maintained continuous communication with the key conspirators, as evident by the call detail records, and received financial benefits from the proceeds of the leaked examination. Substantial movable and immovable assets, including multiple vehicles and bank transactions linked to illicit funds, were traced to her. Additionally, crucial documents and electronic devices connected to the conspiracy were recovered from her residence and an associate’s possession. The case against her is under judicial scrutiny, with ongoing proceedings regarding the financial and criminal aspects of her involvement in the organized paper leak racket. 15. CRLMB No.299/2025 16. Accused Gopal Singh S/o Lakshman Singh, was employed as a driver at the Rajasthan Public Service Commission (RPSC), Ajmer. He played a key role in facilitating the larger conspiracy of the leaked Second Grade Senior Teacher Competitive Examination 2022 question papers. Gopal Singh maintained continuous contact with co- accused Anil Kumar Meena, also known as Sher Singh Meena, since 2018, frequently meeting him in Ajmer and Jaipur. He used his official position to introduce Anil Meena to RPSC staff, including Deputy Secretary Chenaram Pawar, who later facilitated meetings with RPSC member Babulal Katara. Gopal Singh was instrumental in logistics, using an official RPSC vehicle (RJ-01 CE 2492) to transport Anil Meena to meetings with other accused persons, including Bhupendra Saran and Suresh Dhaka, where the illegal procurement of exam papers was discussed. On November 26, 2022, after the leaked paper was obtained from Babulal Katara’s government residence, Gopal Singh transported Anil Meena from Ajmer to Jaipur in his private car (RJ-14 CH 1603), confirming his direct involvement. Call detail records (CDR) show extensive communication between Gopal Singh and key conspirators, including 64 calls with Anil Meena between March and May 2022, and several interactions with absconding accused Kamlesh Meena, Balram Meena, and Suresh Dhaka.
Call detail records (CDR) show extensive communication between Gopal Singh and key conspirators, including 64 calls with Anil Meena between March and May 2022, and several interactions with absconding accused Kamlesh Meena, Balram Meena, and Suresh Dhaka. His knowledge of the leaked paper, failure to report it despite being a public servant, and active assistance in the conspiracy make him complicit. 17. It is contended on behalf of the accused-petitioners that no case for the alleged offences is made out against them and their incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioners and they have been made accused based on conjectures and surmises. 18. Learned AAG representing the State opposed the arguments advanced by counsel for the petitioners and stated that looking to the active role of all these petitioners, they may not be released on bail. 19. I have heard and considered the submissions advanced at the Bar and have gone through the niceties of the matter. 20. It would be apposite to underscore the jurisprudence essence of bail in relation to an accused awaiting trial. The grant of bail is contingent upon the court’s discretion, exercised within the parameters set by law. Bail may be granted when the accused is produced before the court, is in judicial custody, or voluntarily appears before it. The discretion vested in the court is to be exercised judiciously, keeping in mind established legal principles and the factual matrix of the case at hand. 21. The Hon’ble Supreme Court, through a catena of authoritative pronouncements, has elucidated the principles governing bail, which, though not exhaustive, serve as guiding precedents. When adjudicating a bail application, the court must consider various factors, including but not limited to: Nature and Gravity of the Offense: The seriousness of the allegations, the modus operandi, and the impact on the public interest are primary considerations. Quantum of Punishment: The potential sentence that may be imposed upon conviction serves as a crucial determinant in assessing the risk of abscondence. Likelihood of Evasion of Justice : The possibility of the accused fleeing from the process of law or evading trial if released on bail must be evaluated. Past Conduct and Criminal Antecedents: The accused’s previous involvement in similar offenses or other criminal activities, if any, is a material factor.
Likelihood of Evasion of Justice : The possibility of the accused fleeing from the process of law or evading trial if released on bail must be evaluated. Past Conduct and Criminal Antecedents: The accused’s previous involvement in similar offenses or other criminal activities, if any, is a material factor. Impact on Society: The potential ramifications of the accused’s release on public order, societal perception, and the overall legal framework must be assessed. Likelihood of Evidence Tampering : Any apprehension that the accused may influence witnesses or tamper with evidence during the pendency of trial is a significant consideration. 22. Bail jurisprudence fundamentally revolves around the conduct of the accused. The discretion to grant or refuse bail is a solemn judicial function, to be exercised after a meticulous analysis of the circumstances of each case. Even if prima facie reasonable grounds exist to believe that the accused has committed the offense, bail may still be granted, provided the court is satisfied that his conduct does not warrant continued detention. However, where reliable material is placed before the court demonstrating the accused’s habitual engagement in criminal activities, the court must exhibit circumspection and reluctance in granting bail. 23. The ramifications of such offenses transcend beyond the immediate criminal act, striking at the very core of social equity and justice. Competitive examinations serve as a gateway to meritocratic advancement, enabling individuals from diverse socio-economic strata to access opportunities based on their diligence and intellectual acumen. The integrity of such examinations is, therefore, sacrosanct. The egregious act of leaking question papers not only subverts the fundamental principles of fair competition but also inflicts irreparable harm upon genuine aspirants who devote years of unwavering effort and perseverance to secure their rightful place in public service. The disillusionment engendered by such malpractices erodes public confidence in institutional mechanisms, fostering an environment of cynicism and despair among aspirants who rely solely on their merit. Moreover, the deleterious societal repercussions of such offenses are not confined to individual examinees but extend to the broader fabric of governance, as the infiltration of undeserving candidates into public institutions undermines administrative efficiency, ethical governance, and public trust. The judiciary, being the sentinel of constitutional values, must remain acutely cognizant of these broader societal considerations while adjudicating matters involving systemic fraud in public examinations.
The judiciary, being the sentinel of constitutional values, must remain acutely cognizant of these broader societal considerations while adjudicating matters involving systemic fraud in public examinations. Consequently, the gravity of such transgressions necessitates a stringent judicial approach, ensuring that the larger public interest and the sanctity of meritocratic processes are preserved against unscrupulous elements seeking to subvert them. 24. The gravity of the allegations leveled against the petitioners necessitates a comprehensive judicial examination, particularly in light of the ongoing investigation and the magnitude of the offense. The present case is not an isolated instance of malfeasance but rather a manifestation of a well-orchestrated racket aimed at subverting the sanctity of public examinations. The involvement of multiple individuals, some of whom are still at large, underscores the complexity of the matter and the necessity for sustained investigative efforts. 25. It is pertinent to note that certain accused individuals are presently incarcerated, while proceedings under the Prevention of Money Laundering Act (PMLA) are concurrently underway. This Court, while refraining from delving into the specifics of the PMLA proceedings, cannot be oblivious to the broader implications of the case. The nature of the offense, which strikes at the very core of meritocracy and fair competition, necessitates a stringent approach. The investigative agencies, despite their relentless efforts, have yet to apprehend several key accused persons, some of whom have already secured positions through illicit means and are currently engaged in governmental service. Alarmingly, a few of the recruited individuals have absconded, thereby further complicating the investigative process. 26. A dedicated Special Operations Group (SOG) has been constituted at the state level to unearth the full extent of the conspiracy. Despite working tirelessly, the investigating team has been unable to trace numerous suspects, thereby indicating the deep-rooted and clandestine nature of the operation. If the petitioners are enlarged on bail at this crucial juncture, there exists a grave apprehension that it would significantly impede the ongoing investigation. The unraveling of this fraudulent scheme has been an incremental process, with new layers of complicity emerging at regular intervals. Each apprehended individual has contributed to the discovery of fresh incriminating evidence, leading to further arrests and revelations. Given this evolving nature of the investigation, the premature release of any accused would not only jeopardize the collection of material evidence but may also embolden the principal perpetrators who remain at large. 27.
Each apprehended individual has contributed to the discovery of fresh incriminating evidence, leading to further arrests and revelations. Given this evolving nature of the investigation, the premature release of any accused would not only jeopardize the collection of material evidence but may also embolden the principal perpetrators who remain at large. 27. Furthermore, the likelihood of evidence tampering cannot be disregarded. The sophisticated modus operandi employed in the execution of this offense suggests the involvement of individuals with considerable influence and resources. If granted bail, the petitioners may attempt to exert pressure on witnesses or manipulate documentary evidence, thereby vitiating the due process of law. The judicial conscience mandates that in cases where the offense is of such a magnitude that it adversely impacts the societal fabric and public trust, the liberty of the accused must be weighed against the larger interest of justice. 28. In light of the foregoing considerations, this Court is of the unequivocal opinion that the release of the petitioners at this stage would be antithetical to the interests of justice. The investigation is at a critical juncture, with substantial evidence yet to be unearthed and the principal accused still evading arrest. The overwhelming probability of the petitioners’ release hampering the investigative process, coupled with the societal repercussions of such an offense, warrants a cautious and circumspect approach. 29. It is pertinent to observe that the delay in the trial proceedings cannot be solely attributed to the prosecution, the court, or the investigating agency. A meticulous perusal of the order sheets of the court unequivocally reflects that adjournments have frequently been sought on behalf of the accused, particularly to argue on the point of charge. This clearly indicates that while the courts are diligently inclined to proceed with the matter, and the investigating agencies remain vigilant in their pursuit of justice, the judicial process has been impeded due to unavoidable circumstances. The assertion that systemic inertia is responsible for the protraction of the trial is, therefore, not substantiated by the record. 30. While it is an established tenet of constitutional jurisprudence that the right to a speedy trial is a fundamental right enshrined under Article 21 of the Constitution of India, this right is not absolute and must be harmonized with the exigencies of justice. It extends not only to an accused person but to every citizen, encompassing the victim as well as society at large.
It extends not only to an accused person but to every citizen, encompassing the victim as well as society at large. The judiciary, being the sentinel of constitutional liberties, is acutely conscious of its solemn duty to uphold this right. In furtherance of this objective, this court shall take necessary measures and issue appropriate directions to ensure that the trial is conducted expeditiously, without unwarranted and dilatory tactics undermining the integrity of the proceedings. 31. In light of the foregoing discussion and upon a careful examination of the circumstances surrounding the present bail applications, this court does not find sufficient grounds to exercise its discretionary power in favor of the petitioners. Further, looking to the nature and gravity of the offenses, the potential ramifications on public interest, and the apprehension of evidence tampering collectively militate against the grant of bail at this stage, therefore, the present batch of bail applications deserves dismissal. 32. Accordingly, the instant bail applications having no force are hereby dismissed with following directions to the Trial Court: a. The trial court shall make all possible endeavors to conclude the trial within a stipulated timeframe, ensuring that no unwarranted adjournments are granted, except for reasons beyond judicial control. b. The investigating agency shall remain vigilant in expeditiously submitting necessary evidence and ensuring the presence of witnesses for examination without unnecessary delay. c. The accused persons shall be granted all reasonable opportunities to defend themselves; however, they shall not be permitted to unduly prolong the proceedings under the guise of procedural requirements. d. The prosecution shall extend full cooperation to the trial court in facilitating the timely completion of the proceedings, thereby upholding the principles of fair trial and speedy justice. e. The foregoing directions are issued in the interest of justice and to uphold the fundamental principle that while the right to liberty is sacrosanct, it cannot be exercised in a manner detrimental to the fair and expeditious disposal of criminal proceedings.