Baggaram S/o Lembarram And Ors vs State And Ors

Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.

The petitioners have been arrested in connection with FIR No.382/2018 of Police Station Kotwali, Nagaur for the offences punishable under Sections 409, 402, 120B I.P.C. read with Sections 3, 4, 6 of Rajasthan Sarvajanik Pariksha (Anuchit Sadhano Ki Roktham) Act. They have preferred these bail applications under Section 439 Cr.P.C.

Learned counsels for the petitioners have submitted that the allegation against the petitioners is to the effect that they attempted to use unfair means and attempted to leak question papers of Second Grade Teachers Competitive Examination, 2018 held from 28.10.2018 to 2.11.2018. Learned counsel for the petitioners has submitted that the petitioners are in judicial custody since long and charge-sheet has already been filed.

Learned counsels for the petitioners submit that the petitioners are ready to give undertaking before the trial court that they will not indulge in similar nature of crime in future.

Learned Public Prosecutor has vehemently opposed the bail applications and submitted that the petitioners are 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 petitioners are not liable to be enlarged on bail.

Heard learned counsel for the parties.

It is true that offence of using unfair means in competitive examination or indulging in cheating in such examination is a crime against 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.

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 petitioners under Section 439 Cr.P.C.

Accordingly, these bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners Baggaram S/o Lembarram, Rameshwar Lal S/o Shri Jhabar Ram, Laxman Ram S/o Keshar Ram, Ram Kishore @ Pappu Ram S/o Surjaram, Likhma Ram S/o Mangi Lal and Premsukh @ Ashok S/o Sahi Ram Vishnoi shall be released on bail in connection with FIR No.382/2018 of Police Station Kotwali, Nagaur provided each of them furnishes an undertaking before the trial court that they will not indulge in similar type of crime in future and also furnish a personal bond of Rs.2,00,000/- each 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.

It is made clear that if any case of similar nature is filed against any of the petitioners in future, during the pendency of trial of this case, the State will be at liberty to file application/applications for cancellation of bail granted to him.