Himachal Pradesh High Court
Reserved On: 24.03.2026 vs State Of Himachal Pradesh on 31 March, 2026
2026:HHC:9411
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MP(M) No. 263 of 2026
Reserved on: 24.03.2026
Date of Decision: 31.03.2026
Mohit Kumar ...Petitioner
Versus
State of Himachal Pradesh ...Respondent
Coram
Hon'ble Mr Justice Rakesh Kainthla, Judge.
Whether approved for reporting?1 No.
For the Petitioner : Mr Bhairav Gupta, Advocate.
For the Respondent : Mr Ajit Sharma, Deputy Advocate
General.
Rakesh Kainthla, Judge
The petitioner has filed the present petition for seeking regular bail in FIR No. 41 of 2025, dated 18.05.2025, registered for the commission of offences punishable under Sections 10 and 11 of the Public Examination (Prevention of Unfair Means) Act, 2024, at Police Station Sadar Shimla, District Shimla, H.P.
2. It has been asserted that, as per the prosecution, Mohit Aashish, Manish Kumar, Gaurav, Ritu, Shubham and Mohit (present petitioner) were found with electronic devices on 18.05.2025 in Chapslee School, which was a designated Centre for JNV Selection test. The electronic devices were recovered from the 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2
2026:HHC:9411 petitioner and Aashish at the time of their frisking at the entry gate, and they were not allowed to enter the examination room. The police registered the F.I.R., investigated the matter, and filed the charge sheet against the accused before the Court. The petitioner has been in custody since 19.05.2025. He belongs to a respectable family. The allegations against him are false. He is a permanent resident of Haryana and has roots in the society. He would abide by all the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.
3. The petition is opposed by filing a status report asserting that the informant made a complaint to the police stating that Chapslee School was a designated centre for the JNV Selection Test conducted on 18.05.2025. Seven candidates, Mohit son of Sh. Chandi Ram, Aashish, Munish, Gaurav, Ritu, Shubam and Mohit son of Sh. Rajesh Kumar (the present petitioner) were found with unauthorised electronic devices. The electronic devices were recovered from the petitoner and Aashish at the time of their frisking at the entry gate, and they were not allowed to enter the examination room. The police registered the F.I.R. and investigated the matter. The accused revealed during the 3 2026:HHC:9411 interrogation that their father had entered into a deal to get the examination cleared. An amount of ₹2/2.50 Lakhs was to be paid in case of success. The police obtained call detail records. The analysis of call detail records showed that various calls were made. The call detail records and customer forms have been obtained, which need to be deeply analysed. The CCTV footage of the examination hall and the record of the examination were also seized. A special Investigating team was constituted to investigate the matter. The petitioner belongs to another state, and he is likely to abscond. The petitioner may be a part of the large organised syndicate, hence the status report.
4. I have heard Mr Bhairav Gupta, learned counsel for the petitioner and Mr Ajit Sharma, learned Deputy Advocate General, for the respondent/State.
5. Mr Bhairav Gupta, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. Co-accused Gaurav was granted bail by the Hon'ble Supreme Court of India in Special Leave to Appeal (Crl.) No(s).504/2026 decided on 20.03.2026. The petitioner is also entitled to bail on the principle of parity. Therefore, he prayed that 4 2026:HHC:9411 the present petition be allowed and the petitioner be released on bail.
6. Mr Ajit Sharma, learned Deputy Advocate General, for the respondent/State, submitted that the petitioner was involved in the commission of a heinous offence. He had adopted unfair means in the examination to steal a march over the other candidates. Such an act should not be lightly viewed. Hence, he prayed that the present petition be dismissed.
7. I have given considerable thought to the submissions made at the bar and have gone through the records carefully.
8. It is undisputed that police had arrested Mohit, Aashish, Manish Kumar, Gaurav, Ritu, Shubham and Mohit (present petitioner) in F.I.R. No. 41 of 2025 with the allegations of using unfair means in the examination. The Hon'ble Supreme was pleased to grant bail to Gaurav, one of the co-accused, on the ground of prolonged custody. The allegations against the petitioner are similar, and he is entitled to bail on the principle of parity.
9. In view of the above, the present petition is allowed, and the petitioner is ordered to be released on bail, on such terms 5 2026:HHC:9411 and conditions as the learned Trial Court concerned may deem fit to impose in the facts and circumstances of the case.
10. Needless to say, the petitioner shall also comply with the conditions contained in the order passed by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No(s) 504 of 2026 dated 20th March, 2026.
11. The petition stands accordingly disposed of. A copy of this order be sent to the Superintendent of District Jail Kaithu, District Shimla, H.P. and the learned Trial Court by FASTER.
12. A downloaded copy of this order shall be accepted by the learned Trial Court while imposing terms and conditions of bail on the petitioner, and in case said Court intends to ascertain the veracity of the downloaded copy of the order presented to it, the same may be ascertained from the official website of this Court.
13. The observations made hereinabove are regarding the disposal of the petitions and will have no bearing whatsoever on the case's merits.
(Rakesh Kainthla) 31 March, 2026.
st Judge (ravinder) Digitally signed by RAVINDER KUMAR DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH SHIMLA, RAVINDER KUMAR Phone=35ecb6f93c6891a7dae90f163e34d7ecaa420b13af1363204ab0e0f5c87077dc, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER=f6cc63c55495d14ce1f8623eacdb6cb9ef2c553803537a2f53c4ee637cbebaff, CN=RAVINDER KUMAR Reason: I am the author of this document Location:
Date: 2026-03-31 13:31:56