Kuldeep Mathur, J
Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
This application for bail under Section 439 Cr.P.C. has been filed by the petitioners who have been arrested in connection with F.I.R. No.36/2023,
registered at Police Station Vivek Vihar, Jodhpur West, for the offences punishable under Sections 419, 420, 465, 471 & 120B IPC and Section 3, 7 &
10 of Rajasthan Public Examination Act, 2022.
Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in this case. Learned counsel submitted that the co-accused
Somraj (Bail Application No.4974/2023), who appeared on behalf of the petitioner as a dummy candidate in the REET Examination-2022, has already
been enlarged on bail by a Coordinate Bench of this Court vide order dated 02.05.2023 and the case of the present petitioner is not distinguishable with
that of the co-accused Somraj. Learned counsel further submitted that no recovery is due to be made from the petitioner. The petitioner is in judicial
custody. Challan of the case has already been filed and the trial of the case is likely to consume sufficiently long time, therefore, the benefit of bail
should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the bail application. Having considered the rival submissions, facts and circumstances of the case, without
expressing any opinion on 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 under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Mohan Lal S/o Shri Sukhram arrested
in connection with F.I.R. No.36/2023, registered at Police Station Vivek Vihar, Jodhpur West, shall be released on bail, if not wanted in any other
case, provided he furnishes a personal bond of Rs.50,000/- (Rupees Fifty Thousand) and two sureties of Rs.25,000/- (Rupees Twenty Five Thousand)
each, to the satisfaction of learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do
so till completion of the trial.
