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Judgment
20 paragraphs · 356 wordsThis bail application has been filed under Section 438 CrPC. in connection with FIR No.555/2018 registered at Police Station Amer, District Jaipur for
the offences under Section(s) 420, 120-B IPC and Section 3/6 Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992 whereupon the
investigation was commenced. Apprehending his arrest, the petitioner moved the bail application before the court below, which were dismissed.
Hence, the bail application has been filed.
Learned counsel for the petitioner submits the petitioner has been made an accused on the basis of the statement under Section 27 of the Evidence
Act and the main accused who was found to be using bluetooth device. The allegations levelled are under Section(s) 420, 120-B IPC and Section 3/6
Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992.
On the other hand, learned Public Prosecutor has opposed the bail application.
This court had directed to the accused petitioner for appearing before the Investigation Officer. The petitioner has already appear before the
Investigating Officer on 15.3.2020 as per the statement of counsel for the petitioner.
Keeping in view the above and after taking into consideration rival submissions of the parties, without expressing any opinion on merits of the case
which may otherwise affect outcome of the trial, I allow this bail application under Section 438 Cr.P.C.
Therefore, the SHO of the Police Station, Amer, District Jaipur is directed that in the event of arrest of the petitioner namely, Ashwani Kumar Sindhu
S/o Shri Rajkumar, he shall enlarge him on bail provided he furnishes a personal bond in the sum of Rs.20,000/- with one surety in the like amount to
his satisfaction on the following conditions:
(i) He shall make himself available for interrogation by Investigating Officer as and when required;
(ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the court or to any Police Officer;
(iii) He shall not leave India without previous permission of the court.
(iv) He shall not commit same and similar offence during the period of bail.
