a. Distinction Between Cancellation of Bail and Setting Aside Bail Order – Supervening Circumstances Not Always Required for Setting Aside Bail b. Judicial Discretion in Granting Bail – Must Balance Personal Liberty and Societal Interest c. Faith in Public Administration – Scrupulousness in Recruitment Process Must Be Maintained. (Paras: 6, 9, 10, 11, 12, 14)

Appeals Allowed – High Court’s Bail Order Quashed – Respondents Directed to Surrender within Two Weeks – Liberty to Apply for Bail Post Examination of Material Witnesses.

Acts and Sections Discussed:

1. Constitution of India (COI) – Article 21 – Right to Fair Trial

2. Code of Criminal Procedure, 1973 (CrPC) – Section 439 – Special Powers of High Court and Sessions Court for Grant of Bail

3. Indian Penal Code, 1860 (IPC) – Sections 419 – Punishment for Cheating by Personation; 420 – Cheating and Dishonestly Inducing Delivery of Property; 467 – Forgery of Valuable Security; 468 – Forgery for Purpose of Cheating; 120B – Criminal Conspiracy

4. Indian Evidence Act, 1872 – Section 27 – Information Leading to Discovery of Fact

5. Rajasthan Public Examination (Prevention of Unfair Means) Act, 2022 – Sections 3 & 10 – Offenses Related to Unfair Means in Public Examinations

Subjects: Bail Order – Public Recruitment Exam – Criminal Conspiracy – Dummy Candidate – Forgery – Tampering – Custody Period – Prima Facie Case – Faith in Public Administration – Judicial Discretion

Nature of Litigation: Criminal Appeal against the High Court’s grant of bail – Challenge by the State

Relief Sought: State of Rajasthan sought cancellation of bail granted by the High Court and reinstatement of the Trial Court’s order denying bail

Reason for Filing the Case: Allegation of examination fraud in the Assistant Engineer Civil (Autonomous Governance Department) Competitive Examination, 2022 – Use of dummy candidate and forged documents

Previous Decisions: a. Trial Court – Denied Bail – Seriousness of Allegations & Impact on Public System – Orders Dated 13 March 2024 (Indraj Singh) and 4 April 2024 (Salman Khan) b. High Court – Granted Bail – Lack of Criminal Antecedents & Completion of Investigation – Common Judgment Dated 8 May 2024

Issues: a. Whether the High Court erred in granting bail despite the gravity of the offense and its impact on society? b. Whether the custody period and lack of criminal antecedents were sufficient grounds to grant bail in cases of alleged examination fraud?

Submissions/Arguments: a. State of Rajasthan: i. Seriousness of Offense – Undermines Public Faith in Recruitment Process ii. Sufficient Prima Facie Evidence of Criminal Conspiracy & Forgery iii. Adverse Societal Impact – Need for Custodial Detention b. Respondents: i. No Prior Criminal Record ii. Long Custody Period (Two Months) iii. Completion of Investigation