Bhagwati Vishnoi vs The State Of Rajasthan on 1 April, 2025

Supreme Court – Daily Orders

Bhagwati Vishnoi vs The State Of Rajasthan on 1 April, 2025

Author: Sanjay Karol

Bench: Sanjay Karol

                                   IN THE SUPREME COURT OF INDIA
                                  CRIMINAL APPELLATE JURISDICTION


                                 CRIMINAL APPEAL NO. 1603 OF 2025
                          (Arising out of SLP (Crl.) No.3307 of 2025)



                BHAGWATI VISHNOI                                      APPELLANT(S)


                                               VERSUS

                STATE OF RAJASTHAN                                    RESPONDENT(S)

                                                O R D E R

1. Leave granted.

2. This appeal is directed against the order of the

High Court of Judicature for Rajasthan having its Bench

at Jaipur rejecting the Bail Application No.11837 of

2024 filed by the appellant seeking bail in connection

with FIR No. 0010 of 2024 dated 03.03.2024 at P.S.

Special Police Station (SOG), District ATS & SOG, for

the offences punishable under Sections 419, 420 and

120B IPC, sections 4,5 & 6 of the Rajasthan Public

Examination (Prevention of Unfair Means) Act, 1992 and

section 66D of the Information and Technology Act,

2008.

Signature Not Verified

Digitally signed by
RAJNI MUKHI
Date: 2025.04.02
18:31:06 IST

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Reason:

SLP (Crl.) No.3307/2025

3. We have heard learned counsel for the parties

including the State.

4. The submission of learned counsel for the

appellant is that the appellant is a lady having a

child aged about one and a half years, who requires

care of the mother. The appellant has been

incarcerated since 05.03.2024 and by now has served

over a year in jail. Despite the fact that

investigation of the case is complete, a charge sheet

has been filed and the offences under which she is

languishing in Jail are all triable by Magistrate. It

has been submitted that the charge sheet reveals that

there are 133 witnesses to be examined apart from 456

documents and therefore, the trial may not be completed

in next three years. It has also been submitted that

the allegation against the appellant is in respect of

using the services of a dummy candidate to clear the

public examination. It has also been contended that the

dummy candidate was appearing at the request of the

appellant or at the behest of some gang needs to be

ascertained and therefore, at this stage, since the

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appellant has already served over a year in jail and

has to take care of one and a half year old child, is

entitled to bail, particularly, in light of the

provisions of the proviso to sub-section (1) of section

437 of the Code of Criminal Procedure, 1973.

5. Learned counsel for the respondent submits that

this is not a fit case where the appellant should be

released on bail as she has taken the benefit of a

dummy candidate to clear the examination and therefore

a prima facie case regarding the guilt of the appellant

is made out from the material collected during the

course of investigation.

6. Having regard to the facts and circumstances of

the case while bearing in mind that the appellant is a

lady who has a child aged one and a half years, to take

care and she has already been in Jail for a period of

over one year in a Magistrate triable offence, we are

of the view that the appellant is entitled to the

benefit of proviso to sub-section 1 of section 437 of

the Code of Criminal Procedure,1973. We therefore,

allow the appeal. The order rejecting the bail

application of the appellant is set aside.

SLP (Crl.) No.3307/2025 3 Of 6

7. Let the appellant be released on bail on such

terms and conditions as the Trial Court may deem fit to

impose.

………………J.
(SANJAY KAROL)

………………J.
(MANOJ MISRA)

NEW DELHI;

APRIL 01, 2025




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ITEM NO.9               COURT NO.16              SECTION II

                 S U P R E M E C O U R T O F     I N D I A
                         RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CRL.) NO.3307 of 2025
(Arising out of impugned final judgment and order dated
22.11.2024 in SBCRMBA No.11837/2024 passed by the High
Court of Judicature for Rajasthan at Jaipur)

BHAGWATI VISHNOI PETITIONER(S)

VERSUS

THE STATE OF RAJASTHAN RESPONDENT(S)

(IA No. 52370/2025 – EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT, IA No. 52371/2025 – EXEMPTION FROM
FILING O.T. AND IA No. 54393/2025-PERMISSION TO FILE
ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 01-04-2025 This matter was called on for hearing
today.

CORAM :

HON’BLE MR. JUSTICE SANJAY KAROL
HON’BLE MR. JUSTICE MANOJ MISRA

For Appellant(s) : Mr. Ashim Sood, Adv.

Mr. Vedant Sharma, Adv.

Mr. Ashish Kumar Pandey, Adv.

Mr. Prateek Kundu, Adv.

Ms. Gauri Anand, Adv.

Mr. Mayank Pandey, AOR

For Respondent(s) :Mr. Shiv Mangal Sharma, A.A.G.
Mr. Amogh Bansal, Adv.

Ms. Nidhi Jaswal, AOR

SLP (Crl.) No.3307/2025 5 Of 6
UPON hearing the counsel the Court made the following
O R D E R

1. Leave granted.

2. The order rejecting the bail application of the

appellant is set aside.

3. Let the appellant be released on bail on such terms

and conditions as the Trial Court may deem fit to impose.

4. The appeal is allowed in terms of signed order.

5. Pending application(s), if any, shall stand disposed

of.

(RAJNI MUKHI)                                   (ANU BHALLA)
ASTT. REGISTRAR-cum-PS                       COURT MASTER (NSH)

(Signed order is placed on the file)

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