1. Through instant petition, accused has come before this Court for grant of bail under Section 483 of BNSS (Section 439 of old Code) in connection with crime registered pursuant to First Information Report Number 121/2024 of Police Station RIICO Area, District Barmer, in respect of offences punishable under Sections 419, 420, 467, 468, 471, 120-B of the Indian Penal Code, 1860 and Section 3/6 of Rajasthan Public Examination Act.
2. I have considered the rival submissions of learned counsel for the applicant as well as learned Public Prosecutor and perused the record.
3. Learned Public Prosecutor for the State has strongly objected the different submissions made by learned counsel for the applicant and submitted that in the facts of the present case, it is expedient that accused be kept in the custody. He thus, craves rejection of the applicant’s bail application.
4. I have given my anxious consideration to the rival submissions with reference to material placed before me.
5. On perusal of the record and upon consideration of the submissions, it would be prima facie clear that according to the case spelled out in the FIR, allegations against her are that she appeared as dummy candidate in lieu of some other candidate namely Sarita in examination called Pre.D.L.D. (Diploma Course). The examination impugned was not a competitive examination. The petitioner is a female. The case is exclusively triable by Magistrate court and trial of the case will take sufficient time to conclude. Therefore, this Court is of the opinion that it is a fit case for grant of indulgence of bail to the petitioners.
6. Having considered the material available on record; the arguments advanced by counsel for the applicant particularly the facts narrated above and the fact that applicant is in custody since 30.06.2024; that trial is likely to take its own considerable time and taking note of all these aspects, I do not intend to go into the merits of the matter but of the considered view that no useful purpose would be served by keeping the applicants in detention for an indefinite period therefore, I am inclined to grant indulgence of bail to the petitioner at this stage.
7. Consequently, the present bail application is allowed and it is directed that the accused-petitioner Sangeeta D/o Teja Ram, arrested in connection with the F.I.R. No. 121/2024, registered at Police Station RIICO Area Barner, District Barmer, shall be released on bail provided she furnishes a personal bond and two surety bonds of sufficient amount to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. This order is subject to the condition that accused, within 7 days of her release, and sureties on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as copy of front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.
