Rajasthan High Court - Jaipur
Ram Kripal Son Of Shri Nonda Ram vs State Of Rajasthan on 18 October, 2022
Author: Chandra Kumar Songara
Bench: Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 8380/2022
Ram Kripal Son Of Shri Nonda Ram, Aged About 50 Years,
Resident Of Village Khurra Malavali, Tehsil Laxmangarh Police
Station Laxmangarh District Alwar Presently Residing At Plot No.
74,75,76 Jagannathpuri-I, Triveni Nagar, Gopalpura By-Pass,
Police Station Shipra Path, Jaipur Owner Shiv Shakti
School/college Jaipur (Presently Confined In Central Jail Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Rajneesh Gupta Mr. Fateh Ram Meena For Respondent(s) : Mr. Ghan Shyam Singh Rathore, Special PP (SOG) HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order 18/10/2022 This second bail application has been filed under Section 439 Cr.P.C in connection with FIR No.402/2021 registered at Police Station Gangapur City, Sawai Madhopur for offences punishable under sections 420, 120-B of IPC and under section 4/6 Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992.
Learned counsel for the petitioner submits that first bail application of the petitioner was dismissed by this Court vide order dated 05.04.2022 and the petitioner is behind the bars since 26.10.2021. Counsel further submits that the alleged offences are punishable with imprisonment of seven years. As per Para 8 of the charge-sheet, with regard to the petitioner, Rs. 92,80,000/- has (Downloaded on 21/10/2022 at 09:44:19 PM) (2 of 3) [CRLMB-8380/2022] been recovered and frozen the suspicious amount deposited in the bank account. Counsel submits that the second bail application of co-accused Batti Lal, filed under Section 439 Cr.P.C., has already been allowed by a Co-ordinate Bench of this Court vide order dated 05.05.2022. Counsel further submits that after order dated 05.04.2022, there is no progress in the present case before the learned trial court and the case is still pending at the stage of filing of supplementary charge-sheet, therefore, the petitioner may kindly be enlarged on bail.
Learned Special Public Prosecutor has strongly opposed the bail application and further argued that there is no change since dismissal of the first bail application of the petitioner and submitted the factual report, which is taken on record.
Heard. Perused the material available on record. First bail application of the petitioner was dismissed by this Court after filing of the charge-sheet, vide order dated 05.04.2022 operative portion of the same reads as under:-
"As per factual report, the petitioner is a kingpin of the alleged offence of leaking the question papers of the REET examination and during investigation, it has been found that the accused-petitioner-Ram Kripal Meena negotiated the deal with the accused Udaram, Rajuram Iram and others to take the REET question paper before the actual examination for Rs. 5 crores and Rs. 1.25 crores has already found to be received in the matter. The petitioner has criminal antecedents of two cases.
The order relied upon by the learned counsel for the petitioner also fails to advance the case of the petitioner as he is a kingpin of the case. Therefore, looking to the above facts and circumstances of the case and gravity of the offence but without expressing any opinion on the merits/demerits of the case, I deem it not proper to enlarge the petitioner on bail.(Downloaded on 21/10/2022 at 09:44:19 PM)
(3 of 3) [CRLMB-8380/2022] Accordingly, the bail application of the petitioner under Section 439 Cr.P.C. is dismissed."
As per factual report, the petitioner has criminal antecedents of two cases-FIR No.756/2014 registered at Police Station Sanganer, Jaipur for the offence under Sections 341, 323 of IPC and FIR No.220/2015 registered at Police Station Shipra Path, Jaipur for the offence under Sections 420, 406, 447, 468, 471 of IPC. It has been further mentioned in factual report that Rs. 1,20,02,000/- has already been recovered from the amount received by the accused for providing exam paper of REET to the REET aspirants before the actual examination and the questionable amount deposited in the bank-accounts of accused Ram Kripal Meena and other has been frozen.
Therefore, looking to the above facts and circumstances of the case and gravity of the offence but without expressing any opinion on the merits/demerits of the case, I deem it not proper to enlarge the petitioner on bail.
Accordingly, the second bail application of the petitioner under Section 439 Cr.P.C. is dismissed.
(CHANDRA KUMAR SONGARA),J CHARU SONI /22 (Downloaded on 21/10/2022 at 09:44:19 PM) Powered by TCPDF (www.tcpdf.org)