HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application v. Connected

filed by the accused petitioners in connection with FIR No. 0013/2024 dated 08.04.2024 registered at Police Station Special Police Station (SOG), District ATS & SOG, for the offences punishable under sections 420, 467, 468, 471 and 120B IPC and section 66D of the Information & Technology (Amendment) Act, 2008, hence same are being decided by this common order.

2. The facts of the case in brief are that on

08.04.2024, Satnam Singh, Addl. Superintendent of Police, SOG, Jaipur submitted a written report, which runs as under:- “eSa izsekjke iq= dkyqjke tkfr tkV mez 27 o"kZ ?kksMkoV iqfyl Fkkuk cks:Unk ftyk tks/kiqj dk jgus okyk gwaA eSaus chih,M dj j[kh gS rFkk eSa csjkstxkj gwaA eSaus 'kkjhfjd f'k{kk v/;kid lh/kh HkrhZ 2022 dh ijh{kk nh Fkh ijUrq esjk p;u 'kkjhfjd f'k{kk v/;kid ds in ij ugha gqvkA ftl ij eSaus bl laca/k esa tkudkjh izkIr dh rks Kkr gqvk fd bl ijh{kk esa dbZ vH;fFkZ;ksa us chih,M dh QthZ fMfxz;ka izkIr dj o Meh dSUMhMsV cSBkdj o isij yhd dj 'kkjhfjd f'k{kk v/;kid ds in ij p;fur gq, gSaA bl ij eq>s fdlh O;fDr us Jh lqHk"k iqfu;k uke ds O;fDr ds eksckby uacj 9672453011 nsdj dgk fd ;g O;fDr dbZ dkslksZa dh QthZ fMxzh fnyokus okys cM+++s o la?kfBr fxjksg ds lEidZ esa gS rFkk blds }kjk dbZ yksxksa dks QthZ fMfxz;ka fnyokdj mudks ukSdjh yxok pqdk gSA bl ij eSaus lqHkk"k iqfu;k ls chih,M dh fMxzh ds fy, laidZ fd;k rks mlus cSd MsV esa vksihts,l ;qfuoflZVh] pq: ls chih,M dh [2025:RJ-JP:813] (4 of 31) [CRLMB-11012/2024] fMxzh 2 yk[k :i;s esa fnykus dh lgefr O;Dr dh rFkk dgk fd fu;qfDr ds le; eghuk chl fnu esa oSfjfQds'ku Hkh gks tkrk gSA tcfd nwj dh ;qfuoflZVh ls oSfjfQds'ku esa vf/kd le; yxrk gSA mlus dgk fd tc 'kkjhfjd f'k{kk v/;kid dh HkrhZ fudysxh rc chih,M dh cSd MsV dh fMxzh dh O;oLFkk dj nwaxkA bl laca/k esa esjh lqHkk"k iqfu;k ds lkFk gqbZ okrkZ dh fjdkfMZax esjs ikl miyC/k gS ftldks eSa ckn esas is'k dj nwaxkA eSa QthZ fMxzh nsus okys lqHkk"k iqfu;k o mlds fxjksg ds yksxksa ds fo:) dkuwuh dk;Zokgh djokuk pkgrk gwa D;ksasfd esgur djus ds ckotwn Hkh bu yksxksa dh otg ls esjk 'kkjhfjd f'k{kk v/;kid ds in ij p;u ugha gks ldkA fnukad 12-03-2024 ls jktLFkku yksd lsok vk;ksx vtesj }kjk ykbczsfj;u HkrhZ ijh{kk ds vkosnu i= vkeaf=r fd;s tk jgs gSA bl ij eSaus fopkj fd;k fd esjh ekSlh dk yM+dk Jh foØe lkj.k ds uke ls ykbZcszfj;u dh cSd MsV dh fMxzh gsrq lqHkk"k iqfu;k ls laidZ dj mlds fxjksg dk Hka.MkQksM d:axkA bl ij fnukad 04-03-2024 dks eSaus lqHkk"k iqfu;k ds eks-ua- 9672453011 ij dkWy dj iwNk fd ekSlh dk yM+dk foØe lkj.k Hkh ykbZcszfj;u HkrhZ ijh{kk esa vkosnu djuk pkg jgk gS ijUrq mlds ikl ykbZczsfj;u dh fMxzh ugha gS D;k vki cSd MsV esa ykbZczsfj;u dh fMxzh fnyok ldrs gksA bl ij lqHkk"k iqfu;k us dgk fd 50 gtkj :i;s yxsaxs eSa rqEgsa cSd MsV esa ykbZczsfj;u dh fMxzh fnyok nwaxkA bl ij eSaus dgk fd D;k lkjs :i;s ,d lkFk gh nsus iMsaxs rks bl ij lqHkk"k iqfu;k us dgk fd 20 gtkj :i;s 'kq: esa] 20 gtkj :i;s jftLVªs'ku ds ckn rFkk 'ks"k 10 gtkj :i;s okVl,si ij fMxzh dh gkMZdkWih Hkstus ij tfj;s vkWuykbZu nsus iMsaaxsA vHkh rks rqe eq>s esjs eksckby uacj 9672453011 ij foØe lkj.k dh 10oha] 12oha] ch, dh vadrkfydkvksa rFkk mlds vk/kkj dkMZ rFkk QksVks LdSu dj lsUM dj nksA eSaus esjh ekSlh ds yM+ds foØe lkj.k [2025:RJ-JP:813] (5 of 31) [CRLMB-11012/2024] dks lqHkk"k iqfu;k o buds fxjksg ds ckjs esa rFkk muds fo:) dk;Zokgh djokus ls voxr djokdj mlds nLrkost eSaus vius eksckbZy uacj 8107667272 ls fnukad 04-03-2024 dks 6-52 ih,e ij ;s lkjs nLrkost lqHkk"k iqfu;k ds eks-ua- 9672453011 ij LdSu ds tfj;s okVl,si ls lsUM dj fn;sA mlds ckn lqHkk"k iqfu;k usa eq>ls dgk fd fnukad 06-03-2024 dks lqcg esa rqEgs ,d [kkrk la[;k rqEgkjs eksckbZy ij okVl,si dj nwaxkA ftl ij rqe 20 gtkj :i;s ml [kkrs esa vkWuykbZu tek djk nsuk mlds ckn jftLVªs'ku gksus ij 20 gtkj :i;s rFkk 'ks"k 10 gtkj :i;s fMxzh nsus ij tek djok nsuk mlds ckn eSa rqEgsa fnukad 12-03-2024 ls iwoZ ykbZczsfj;u dh cSd MsV dh fMxzh foØe lkj.k ds uke rS;kj dj ns nwaxkA vkt fnukad 06- 03-2024 dks lqHkk"k iqfu;k us vius eksckbZy uacj 9672453011 ls esjs eksckbZy uacj 8107667272 ij le; 10-17 ,,e ij [kkrk la[;k 520101197502901 [kkrk /kkjd feLVj nhid dqekj 'kekZ ;qfu;u cSad IFSC UBIN0918032 tfj;s okVl,si Hksts lqHkk"k iqfu;k laxfBr fxjksg ls tqM+k gqvk gS rFkk QthZ fMfxz;ka fnyokus dk dke djrk gSA lqHkk"k iqfu;k yEcs le; ls vius lkfFk;ksa ds lkFk feydj cSd MsV esa fMxzh nsus o fo'ofo|ky; ls lkaBxkaB dj QthZ [ksy izek.k i= o eSMy tkjh djokus dk dke dj jgk gSA eSa lqHkk"k iqfu;k o buds fxjksg ds fo:) dkuwuh dk;Zokgh djokuk pkgrk gwaA esjh lqHkk"k iqfu;k ls dksbZ nq'euh ugha gS rFkk u gh m/kkjh dk dksbZ ysunsu cdk;k gSA vr% fuosnu gS fd lqHkk"k iqfu;k o blds fxjksg ds fo:) izHkkoh dk;Zokgh djus dh d`ik djsaA mDr ifjokn dh tkap Jh Hkokuh'kadj ehuk vfrfjDr iqfyl v/kh{kd ,lvksth t;iqj dks lqiqnZ dh xbZ Fkh] tkap dss nkSjku Jh Hkokuh'kadj ehuk }kjk fnukad 06-03-2024 dks 7-12 ih,e ij ifjoknh ds eksckbZy uacj 8107667272 ls lqHkk"k iqfu;k ds eks-ua- 9672453011 ij ukWeZy dkWy djokdj dh xbZ okrkZ dks [2025:RJ-JP:813] (6 of 31) [CRLMB-11012/2024] fMftVyokWbl fjdksMZj esa fjdkWMZ fd;k x;kA fnukad 07-03- 2024 dks ifjoknh ds dk;kZy; esa mifLFkr vkus ij ifjoknh us voxr djk;k fd eSaus lqHkk"k iqfu;k }kjk crk;s x, cSad [kkrk esa 20 gtkj :i;s vkWuykbZu VªkalQj dj fn, gSa ftl ij ifjoknh ds eks-ua- ls lqHkk"k iqfu;k ds eks-ua- ij okrkZ djokdj dh xbZ okrkZ dks fMftVy okWbl fjdksMZj esa fjdkWMZ fd;k x;kA rRi'pkr~ fnukad 15-03-2024 dks mDr ifjokn dh tkap ekuuh; vfrfjDr iqfyl v/kh{kd dks lqiqnZ dh xbZA fnukad 15-03-2024 dks ifjoknh ds dk;kZy; esa mifLFkr vkus ij mlls ifjokn ds lanHkZ esa iwNrkN dh xbZ rks mlus crk;k fd vkt lqcg 9-23 cts lqHkk"k iqfu;k us esjs ij ykbZczsfj;u dh vadrkfydk tfj;s okWVl,si Hksth gS mDr vadrkfydk dk voyksdu fd;k x;k rks ik;k fd mDr vadrkfydk fgeky; x<Okky fo'ofo|ky;] CykWd iks[kjk] ftyk ikSMh x<oky] mRrjk[k.M ls foØe flag lkj.k iq= Jh jkenhu lkj.k jksy uacj 1953210852] l= 2019&2020 cSpyj vkWQ ykbZczsjh o buQkWesZ'ku lkbZal dh fnukad 28-09-2020 dh tkjh 'kqnk gSA fnukad 21-03-2024 dks ifjoknh dk;kZy; esa mifLFkr vk;k rFkk ifjoknh us crk;k fd fnukad 18-03-2024 dks lqHkk"k iqfu;k ds iq= ijethr ds eksckbZy uacj 8769575908 ij tfj;s Qksu is 15 gtkj :i;s lqHkk"k iqfu;k ds dgsuqlkj eSaus tek djok;s FksA lqHkk"k iqfu;k ds laca/k esa fofHkUu dkslksZa dh QthZ fMxzh nsus ,oa HkrhZ ijh{kkvksa esa isij yhd fxjksg ls tqMs gksus dh lw= lwpuk izkIr gksus ij lqHkk"k iqfu;k ds eksckby uacj 9672453011 dks funsZ'kkuqlkj fu/kkZfjr izfØ;kuqlkj fnukad 29-01-2024 dks vUrkoj.k ij fy;k x;k FkkA eksckby uacj 9672453011 dh vrkaoj.k okrkZ esa /kkjd lqHkk"k iqfu;k iq= Jh xq:n;ky fuoklh&csjklj xqekuk ftyk&pq: dh vksihts,l fo'ofo+|ky; jkorlj dqTyk] jktx<+ pq: esa dk;Zjr dkfeZd jeu ukany iq= txchj fuoklh&259 x<+h [2025:RJ-JP:813] (7 of 31) [CRLMB-11012/2024] cksgj gfj;k.kk ¼eks-ua- 8306377717½] gjsUnz flag ¼eks-ua- 8306377718½] jksfgr ¼eks-ua- 8306377725½] tksxsUnz¼eks-ua 8306377713½] rFkk chdkusj f'k{kk funs'kky; esa dk;Zjr dkfeZd txnh'k lkj.k fuoklh&lkj.kksa dh <k.kh] Nhyk ukxkSj ¼eks-ua- 9636020809½ o eunhi dqekj fuoklh&okMZ 14 eksgrk dkWyst ds ikl nqxkZ dkWyksuh] jktx<+] pq: ¼eks-ua- 8875002020½ rFkk ijethr iq= lqHkk"k iqfu;k fuoklh&csjklj xqekuk ftyk&pq: ¼eks-ua- 8949644020½ gky 'kkjhfjd f'k{kd ftyk /kkSyiqj o jkds'k dqekj iq= dk'khjke 'kekZ fuoklh&MCyw@uacj 23 uh;j vksYM okVj odZl] jktx<+] pq:¼eks-ua- 9460565585½ vkfn ls izR;{k ;k vizR;{k :i ls vksihts,l fo'ofo|ky; pq: ,oa vU; ckgj ds fo'ofo|ky; dh chih,M] ykbZczsfj;u ,oa vU; ikB~;Øeksa dh ekdZ'khV o fMfxz;ka QthZ rjhds ls cSd MsV esa tkjh djus rFkk fofHkUu [ksyksa esa eq[; f[kykM+h dh txg Meh f[kykMh dks ikfVZflisV djokdj lfVZfQdsV ,oa eSMy fnyokus lEcU/kh okrkZ,a vkbZ gSaA lqHkk"k iqfu;k o blds fxjksg ds lnL;ksa }kjk cSd MsV esa ekdZ'khV] fMfxz;ka] [ksy izek.k i= o esMy fnyokus dh ,sot esa voS/k /kujkf'k dk ysu nsu fd;k tk jgk gSA lqHkk"k iqfu;k }kjk vH;fFkZ;ksa dks fnyok;s x;s cSd MsV dh fMxzh o QthZ [ksy izek.k i=@esMy dk vkijkf;/kd "kM~;a=iwoZd lR;kiu o p;fur vH;fFkZ;ksa dk bfPNr LFkku ij inLFkkiu dk dk;Z chdkusj f'k{kk funs'kky; esa dk;Zjr eunhi o txnh'k lkj.k ds ekQZr djokuk ik;k x;k gSA lqHkk"k iqfu;k ds }kjk bl "kM~;a= esa jkds'k dqekj dks 'kkfey djds QthZ fMfxz;ka@vadrkfydk,a Niokus dk dk;Z djok;k tk jgk gS o lqHkk"k iqfu;k dk iq= ijethr ftyk /kkSyiqj esa 'kkjhfjd f'k{kd ds in ij dk;Zjr gS] lqHkk"k iqfu;k }kjk QthZ fMfxz;ka o [ksy izek.k i=ksa ds cnys izkIr /kujkf'k dk ysunsu ijethr ds [kkrs ls fd;k tk jgk gS og Hkh izFke n`"V;k bl "kM~;a= esa 'kkfey gSA ifjokn dh tkap ls ,oa vUrkoj.k okrkZ ls Li"V [2025:RJ-JP:813] (8 of 31) [CRLMB-11012/2024] gksrk gS fd ifjoknh Jh izsekjke dks lqHkk"k iqfu;k }kjk foØe flag lkj.k dh cSpyj vkWQ ykbZczsjh o buQkWesZ'ku lkbZal dh cSd MsV esa vadrkfydk fnyokus dh ,sot esa 50 gtkj :i;s dh ekax dj 35 gtkj :i;s izkIr dj okWVl,si ij vadrkfydk izsf"kr djuk o 'ks"k 15 gtkj :i;s ewy vadrkfydk dh gkMZdkWih ds lkFk nsuk r; gqvkA lqHkk"k iqfu;k }kjk vksihts,l fo'ofo+|ky; pq: o chdkusj f'k{kk funs'kky; ds dkfeZdksa o vU; ds lkFk feyhHkxr djds vyx&vyx fo'ofo|ky;ksa ls cSd MsV esa ch,M] chih,M] Mhih,M] ch, bR;kfn dkslksZa esa izos'k fnyokdj ekdZ'khV o fMfxz;ka fnyokus rFkk [ksyksa esa eq[; f[kykMh dh txg Meh f[kykMh dks ikfVZflisV djokdj lfVZfQdsV ,oa eSMy fnyokus laca/kh dke fd;k tk jgk gSA lqHkk"k iqfu;k o blds fxjksg ds lnL;ksa }kjk cSd MsV esa ekdZ'khV] fMxzh;ka] [ksy izek.k i= o esMy fnyokus dh ,sot esa voS/k /kujkf'k dk ysu nsu fd;k tk jgk gSA blds }kjk fnyok;h x;h fMxzh] ekdZ'khV o [ksy ds lfVZfQdsV o eSMy ds vk/kkj ij fofHkUu HkfrZ;ksa esa vH;fFkZ;ksa dk p;u gqvk gSA fjiksVZ izsf"kr dj ys[k gS fd lqHkk"k iqfu;k iq= Jh xq:n;ky fuoklh&csjklj xqekuk ftyk&pq:] jeu ukany iq= txohj fuoklh&259 x<h cksgj gfj;k.kk] gjsUnz flag] jksfgr] tksxsUnz] txnh'k lkj.k fuoklh&lkj.kksa dh <k.kh] Nhyk&ukxkSj] eunhi dqekj fuoklh&okMZ 14 eksgrk dkWyst ds ikl nqxkZ dkWyksuh] jktx<+ pw:] ijethr iq= lqHkk"k iqfu;k fuoklh&csjklj xqekuk ftyk&pw: rFkk jkds'k dqekj iq= dk'khjke 'kekZ fuoklh&MCyw@uacj 23 uh;j vksYM okVj odZl] jktx<+] pw: o vU; ds fo:) izdj.k ntZ djus dk Je djsaA“ On the basis of aforesaid written report, an FIR bearing No.13/2024 dated 08.04.2024 was registered at [2025:RJ-JP:813] (9 of 31) [CRLMB-11012/2024] Police Station Special Police Station (SOG), ATS & SOG under Sections 420, 467, 468, 471 and 120-B of I.P.C. and under Section 66-D of the Information & Technology Act.

3. Mr. Deepak Chauhan counsel appearing for the accused petitioners namely; Sarita Kadvasara, Jogendra Singh and Jitendra Yadav submitted that the above named accused-petitioners have been falsely implicated in the present case and they have no relation to the present case directly or indirectly. Counsel also submitted that the accused petitioners are behind the bars since 05.07.2024 and thus, they have remained in judicial custody for sufficient period. Counsel submitted that there are no reasonable grounds to believe that the accused petitioners have committed any such offence which is either punishable with death sentence or imprisonment for life. Counsel further submitted no further recovery has to be effected from the possession of the accused petitioners and charge-sheet has since been filed in the matter and the trial of the case is likely to take time to conclude. Counsel also submitted that the above-named accused petitioners are not designated accused in the present case as they have no direct or indirect relation to the present case and there are no allegations against them. Counsel further submitted that no forged mar-sheets, forged documents or fake seals etc. were recovered from the accused petitioners and their custodial interrogation is not [2025:RJ-JP:813] (10 of 31) [CRLMB-11012/2024] warranted. Counsel also submitted that the offences alleged to have been committed by the accused petitioners are triable by Magistrate. Counsel also submitted that neitehr the holders of the said mark-sheets nor the Registrar of OPJS University has been made an accused in the present case. Further, the statements of holders of said mark-sheets or the Registrar of OPJS University have not been recorded in the present case. The mark-sheets seized by the Police bear the signature of the Controller of Examination only and no signatuare/ seal of accused petitioner is inked on the seized mark-sheets. Counsel further submitted that statements of only two students namely; Devilal and Baljindra Singh have been recorded by the police under section 161 CrPC in the supplementary challan and bare perusal of the same reveal that the petitioners are nowhere connected to the allegations made against them. Counsel also submitted that from the bare perusal of the FIR, it is crystal clear that the mark-sheet sent by co-accused Subhash Poonia to Vikram Singh was of Himalaya Gadwal University (Uttarakhand) and the accused petitioners are nowhere connected to the allegations made against them. Counsel also submitted that the accused petitioners have not gained anything wrongfully in the present case and have not received any amount in their accounts. [2025:RJ-JP:813] (11 of 31) [CRLMB-11012/2024] Counsel further submitted that an FIR No.194/2018 dated 05.04.2018 was registered at Police Station Sadar, Bhiwani, Haryana for the offences under sections 420, 467, 468, 471, 201 and 120B IPC wherein after investigation challan was filed against the petitioners and other staff members of the OPJS University. The police in the aforementioned FIR seized the laptop, printing machines, fake DMC and degrees and other documents on 06.04.2018. Counsel submitted that the accused petitioners were granted the benefit of anticipatory bail by the High Court of Punjab & Haryana at Chandigarh vide order dated 25.10.2018. Counsel also submitted there is no allegation of inducement against the accused petitioners in the whole FIR i.e. just from the very beginning, for which they can be held liable for the offences under sections 420 and 406 IPC. Counsel further submitted that the SOG conducted the investigation for the whole month but could not find any direct or indirect evidence linking the accused petitioners to the actual commission of crime. Counsel further submitted that it is a settled principle of law that established through judicial precedents that for establishing the offence of cheating, the complainant is required to show that the accused had fraudulent or dishonest intention at the time of making the promise as has been held by the Hon’ble Apex Court in the cases of Sushil Sethi & Ors. Vs. State of [2025:RJ-JP:813] (12 of 31) [CRLMB-11012/2024] Arunachal Pradesh & Ors., reported in (2020) 3 SCC 240 and Hira Lal Hari Lal Bhagwati Vs. CBI, New Delhi, reported in (2003) 5 SCC 257.

4. Mr. Deepak Chauhan, learned counsel appearing for the accused petitioner- Sarita Kadvasra submitted that the accused petitioner was holding the post of Registrar from 2013 to 2015 and was Chairperson from 2015 to 2020 in OPJS University and she is currently holding the post of Director of OK International School and therefore, she does not have any direct or indirect relation in the functioning of the OPJS University. Counsel also submitted that the accused petitioner is a lady and is in custody since 05.07.2024. Counsel submitted that it is provided in the proviso to Section 482(1) of the BNSS that the Court may direct that person referred to in clause (i) or clause (ii) be released on bail if such person is under the age of eighteen years or is a woman or is sick or infirm.

5. Mr. Rajesh Choudhary, learned GA-cum-AAG appearing for the State vehemently opposed the bail application of accused petitioner- Sarita Kadvasra and submitted that the accused petitioner remained as Registrar in OPJS University from 2013-2015 and further remained as a Chairperson from 2015-2022. He further submitted that [2025:RJ-JP:813] (13 of 31) [CRLMB-11012/2024] thereafter the accused petitioner discharged her duties in administration side in the University. He further submitted that from mobile chat of the petitioner, which was seized by the SOG and also from the documents it is clear that after the raid by the SOG, on 11.04.2024 the accused petitioner got installed CCTV Cameras in the University and after taking access thereof used to keep watch on each and every activity, which has been accepted by the Company which installed CCTV Cameras in the University. He further submitted that the accused petitioner with intention to deceive and grab the money gave false assurance to Devilal and Baljinder Singh for recognition of B.Ed. Course, which is corroborated from the statements of both these persons recorded by the police under section 161 CrPC. He further submitted that from the seized mobile and call details of accused petitioner it is proved that the calls in between accused petitioner and co-accused Jogendra Singh from 17.05.2022 to 20.04.2022 is 3057 times. He also submitted that SOG sent 37 screen shots which were on WhatsApp on the mobile of the accused petitioner. Thus, from the above it is clear that the accused petitioner remained as an active participant in providing forged degrees in the said University. [2025:RJ-JP:813] (14 of 31) [CRLMB-11012/2024] Learned GA-cum-AAG appearing for the State further submitted that the role of the accused petitioner was in regard to making available the forged degrees in back dates with co-accused Jogendra Singh. Co-accused Jogendra Singh from 2013 to 2019, distributed 43000 degrees of 174 Courses but from the analysis of accounts of the University, 25-30 employees withdrew the salary and in this regard a criminal case NO.194/2018 dated 05.04.2018 was registered at Police Station Bhiwani City for the offences under sections 420, 467, 468, 471, 201 and 120B IPC, which is still pending before the concerned Court.

6. Mr. Chauhan, counsel appearing for the accused petitioner- Jogendra Singh submitted that the accused petitioner was Chairperson of OPJS University from 2013 to 2015 and thereafter, he submitted his resignation from the post of Chairperson by letter dated 05.04.2015 addressed to the Director of OPJS Trust and OPJS University. Therefore, he does not have any direct or indirect relation in the functioning of the OPJS University.

7. Mr. Rajesh Choudhary, learned GA-cum-AAG appearing for the State vehemently opposed the bail application of accused petitioner- Jogendra Singh @ Jogendra Dalal and submitted that the accused petitioner remained as Founder Person in the OPJS University from 2013-2015 and [2025:RJ-JP:813] (15 of 31) [CRLMB-11012/2024] the OPJS University is registered on the name of the accused petitioner. He also submitted that presently the accused petitioner is Chancellor & Founder/ Operator in the OPJS University. He also submitted that from the call details of seized mobile of the accused petitioner it is clear that the calls in between co-accused Sarita Kadvasara and petitioner from 17.05.2022 to 20.04.2024, were 3099 times, with Sangeeta Kadvasara from 28.07.2022 to 16.10.2022, were 59 times, from 25.06.2022 to 02.04.2022, were 69 times, with co-accused Raman Nandal from 25.05.2022 to

06.04.2024 were 100 times and with co-accused Subhash Poonia from 26.06.2023 to 26.02.2024 were 03 times. He further submitted that against accused petitioner following criminal cases have been registered:-

1. FIR No.194/2018, registered at Police Station Bhiwani City, Haryana for the offences under sections 420, 467, 468, 471 and 120B IPC, which is still pending in the Court;

2. FIR No.03/2019, registered at Police Station Anti Corruption Bureau, Sector-17 Panchkula, Haryanafor the offences under sections 420, 467, 468, 471 and 120B IPC, which is still pending in the Court;

3. FIR No.12/2024, registered at Police Station SOG, Jaipur for the offences under sections 419, 420, 467, 468, 471 and 120B IPC and sections 3, 7, 10 of the Rajasthan Public Examination Act, 2022 and 66D of the I.T. Act;

4. FIR No.14/2024, registered at Police Station SOG, Jaipur for the offences under sections 419, 420, 467, 468, 471 and 120B IPC and sections 3, 7, 10 of the Rajasthan Public Examination Act, 2022 and 66D of the I.T. Act; and

5. FIR No. 15/2024 registered at Police Station SOG, Jaipur for the offences under sections 419, 420, 467, 468, 471 and 120B IPC and sections 3, 7, 10 of the Rajasthan Public Examination Act, 2022 and 66D of the I.T. Act. [2025:RJ-JP:813] (16 of 31) [CRLMB-11012/2024] He further submitted that the accused petitioner from 2013 to 2019 distributed 43000 degrees of 174 Courses though as per the analysis of accounts of the University and 25-30 employees withdrew their salary in which most of the employees are Clerks, Computer Operators and Class-IV. He also submitted that from the seized mobile of the accused petitioner, 254 screen shots have been received. He also submitted that from the fees account of the University, a huge transaction of money has been made by its owner with his son Bhavesh and relative Rohit Kumar, which was being withdrawn through Drishti Hotel and Infrastructure Private Limited.

8. Mr. Chauhan, counsel appearing for the accused petitioner- Jitendra Yadav submitted that the accused petitioner was Registrar of OPJS University from 2015 to 2020 and thereafter, he was not in contact with the staff of the University or co-accused which is evident from the fact that there is no CDR of accused petitioner with the co- accused. Counsel also submitted that no active role has been attributed to the accused petitioner in the FIR and the Investigating Agency also failed to collect any concrete evidence linking him to the commission of alleged offences. Counsel further submitted that the petitioner does not have any direct or indirect relation in the functioning of the OPJS University. The post of Registrar is a non-teaching post and [2025:RJ-JP:813] (17 of 31) [CRLMB-11012/2024] his work profile is not related to admission, examination and issuance of mark-sheet or degrees. Counsel also submitted that there is no record to substantiate the allegations against the petitioner regarding the ownership of any University. Furthermore, the there is no University named as ‘Jeet University’ in the official list of Universities, which indicates that the investigation is being conducted in a mechanical manner.

9. Mr. Rajesh Choudhary, learned GA-cum-AAG appearing for the State vehemently opposed the bail application of accused petitioner- Jitendra Singh Yadav and submitted that the accused petitioner remained as a Registrar in the OPJS University from 2015-2020. He further submitted that the accused petitioner with co-accused Sarita Kadvasra with intention to deceive and grab the money gave false assurance to Devilal and Baljinder Singh for recognition of B.Ed. Course, which is corroborated from the statements of both these persons recorded under section 161 CrPC by the police. He also submitted that against the accused petitioner three cases of similar nature were registered, the particulars of which are as under:-

1. FIR No.194/2018 registered at Police Station Bhiwani, Haryana, for the offences under sections 420, 467, 468, 471 and 120B IPC; [2025:RJ-JP:813] (18 of 31) [CRLMB-11012/2024]

2. FIR No.3/2019 registered at Police Station Anti Corruption Bureau, Sector 17 Panchkula, Haryana, for the offences under sections 406, 420, 466, 467, 468, 471 and 120B IPC; and

3. FIR No.197/2005 registered at Police Station Narnaul City, Haryayana, for the offences under sections 379 and 120B IPC (Acquitted vide judgment dated 23.08.2016). He also submitted that the seized mobile phone of the accused petitioner has been sent for inquiry to the FSL Department, of which report is awaited.

10. Mr. Virender Godara counsel appearing for the accused petitioner- Mandeep Kumar submitted that earlier the accused petitioner filed first bail application before this Court which was registered at No.5644/2024. Counsel submitted that this Court vide order dated 31.08.2024 dismissed the bail application of present accused petitioner along-with other connected bail applications. Mr. Godara, learned counsel further submitted that after framing of charges i.e. after change of circumstances, he has filed the second bail application of the accused petitioner. Counsel further submitted that the petitioner is in judicial custody since 11.04.2024 and thus he has remained in judicial custody for sufficient period and the trial of the case is likely to take considerable time to conclude. Counsel further submitted that the accused petitioner has been falsely implicated in the present case. The accused petitioner is a government servant and he has not committed any offence which is punishable either under the [2025:RJ-JP:813] (19 of 31) [CRLMB-11012/2024] Indian Penal Code or the Information Technology Act. Counsel also submitted that the allegations levelled in the FIR in regard to involvement of the petitioner in leaking the paper is false and fabricated and as far as the petitioner is not part of any paper leak group. Counsel further submitted that the bare perusal of the allegations levelled in the FIR also do not disclose that the accused petitioner has committed the alleged offences. Counsel also submitted that the allegations levelled in the FIR are outcome of a concocted story.

11. Mr. Rajesh Choudhary learned GA-cum-AAG appearing for the State has vehemently opposed the bail application of accused petitioner- Mandeep Kumar and submitted that the accused petitioner posted for 8 years from 2014 to 2022 in the Directorate of Education (CBEO Bikaner). He further submitted that the accused petitioner after attaching the forged degree of BPEd of J.S. University, Shikhohabad, Uttar Pradesh, which is of back date, got selected his wife Suman Bhari in PTI, 2022, which is proved from the WhatsApp chats of accused petitioner and Jagdish. He also submitted that on the say of accused petitioner, Pradeep Kumar Sharma and Subhash Chandra in lieu of forged degree on 02.11.2022 deposited Rs.20,000/- from his account to the account of P.R. Group of Educational Foundation, J.S. University and deposited Rs.25,000/- on 07.11.2022 and the accused [2025:RJ-JP:813] (20 of 31) [CRLMB-11012/2024] petitioner on 10.02.2023 deposited Rs.99,000/- in two shares in the bank account of co-accused Paramjeet Singh. He also submitted that the accused petitioner with co-accused Subhash Chandra and Jagdish Saharan got selected his wife Suman Bhari as a Teacher Gr.III Examination 2022 in Sports Quota. He also submitted that accused petitioner with co- accused Subhash Chandra got prepared the degree of his friend’s wife Hemlata from Rakesh Kumar Sharma. He also submitted that from the mobile phone and call details of accused petitioner it is clear that calls in between the accused petitioner and accused Subhash Chandra from 20.05.2022 to 02.04.2024 were 681 times, with accused Pradeep from 01.12.2022 to 07.10.2023 were 11 times, with accused Paramjeet on 13.03.2024 one time and with accuse Jagdish Saharan 1876 times. He also submitted the from the account of accused petitioner which is in Axix Bank from 01.01.2019 to 27.05.2024, there are transactions of Rs.1,30,00,000/-.

12. Mr. Dinesh Bishnoi, learned counsel appearing for the accused petitioner- Pramjeet Singh submitted that the accused petitioner has falsely been implicated in the present case as he has nothing to do with the alleged incident. Counsel also submitted that the accused petitioner is in [2025:RJ-JP:813] (21 of 31) [CRLMB-11012/2024] judicial custody since 10.04.2004 and thus, he has remained in judicial custody sufficient period. Counsel further submitted charge-sheet has since been filed, charges have already been framed against the accused petitioner and the trial of the case is likely to take considerable time to conclude. Counsel also submitted that the allegation against the accused petitioner is that he has received some amount in his account, however, there is no connection in between the co- accused and the present accused petitioner.

13. Learned GA-cum-AAG vehemently opposed the bail application of accused petitioner- Paramjeet Singh and submitted that from the Punjab National Bank Account of the petitioner from 01.01.2020 to 27.05.2024 there is transaction of Rs.85 lac. He further submitted that as per the seized mobile and call details of accused petitioner, calls in between him and accused Subhash Chandra from 29.04.2022 to

18.03.2024, were 122 times and calls in between him and accused Rakesh were 11 times. He further submitted that accused Sandeep Kumar on 10.02.2023 deposited Rs.99,000/- in the account of the accused petitioner in lieu of getting forged degree of BPEd Course in the back date. He further submitted that the accused petitioner got prepared the forged mark-sheet of 2019-20 of Librarian of Vikram Singh who is in relation of complainant Premaram Goliya with the Management of Himalayan Gadwal University and in [2025:RJ-JP:813] (22 of 31) [CRLMB-11012/2024] regard to the aforesaid mark-sheet, transaction of Rs.20,000/- took place in the account of Deepak Sharma who is brother of Pradeep and in the account of the accused petitioner Rs.15,000/- were deposited.

14. Learned GA-cum-AAG further while opposing the bail applications of all the accused petitioners submitted that the bail applications of co-accused Rakesh Kumar and Pradeep Kumar have since been dismissed by the Coordinate Bench of this Court and the case of the present accused petitioners is on similar footings to that of above-named co- accused persons whose bail applications have been dismissed by the Coordinate Bench of this Court. Learned Public Prosecutor further submitted that taking into consideration the seriousness of allegations against the accused petitioners, it is in the interest of justice to dismissed their bail applications.

15. Considered the submissions advanced by the counsels appearing for the accused petitioners, learned Public Prosecutor and gone through the entire material made available to the Court including charge-sheet.

16. Taking into consideration the submissions made by the counsel appearing for the accused petitioners and also on extensive scrutiny of the status report submitted by the [2025:RJ-JP:813] (23 of 31) [CRLMB-11012/2024] learned GA-cum-AAG and the charge-sheet this Court finds as under:- A. Accused petitioner- Sarita Kadvasra was the Registrar of the OPJS University from 2013 to 2015 and thereafter she remained as a Chairperson of the University from 2015 to

2020. As per the status report submitted by the Investigating Agency, during the period from 2013 to 2019 near-about 43000 degrees/ mark-sheets were said to have been issued in the name of the OPJS University, out of several mark- sheets of the Courses for which the University was having no authority. The Investigating Agency has found out these facts from the E-Mail ID and What’sApp chattings of one Rahish Kumar, who is looking after updation of Website of the University. It has also come out that accused Sarita Kadvasra was operating the account of the University opened in the Punjab National Bank from the year 2013 to 2018. Another account of the University was also opened in the HDFC Bank, Branch Rohtak, Haryana, which was also being handled by accused Sarita Kadvasra. Since after 2020 also accused Sarita Kadvasra is also said to have been connected with the University. As per the datas recovered from the mobile of accused Sarita Kadvasra, which was seized during investigation, the new CCTV Cameras were installed at her instructions and she was having access to the same. The new CCTV Cameras were installed after raid by the SOG and [2025:RJ-JP:813] (24 of 31) [CRLMB-11012/2024] thereafter accused Sarita Kadvasra issued instructions for installation of new CCTV Cameras and is having access through her Mobile. Accused Sarita Kadvasra is also facing criminal case No.194/2018 dated 05.04.2018 for the offences under sections 420, 467, 468, 471, 201 and 120B IPC registered at Police Station Bhiwani with the allegations of issuing degrees in the back dates. Accused Sarita Kadvasra was in regular conversation with other accused Jogendra Singh during the period from 17.05.2022 to 20.04.2024 and she had about 3099 call conversations. B. Accused Jogendra Singh @ Jogendra Dalal is the Founder Person of the OPJS University and the owner of the land over which the University has been constructed. The land has not yet been got recorded in the name of the University, though they were supposed to do so. Accused Jogendra Singh @ Jogendra Dalal was the Founder Person of the University from 2013 to 2015 and during that period accused Sarita Kadvasra was the Registrar of the University. Accused Jogendra Singh @ Jogendra Dalal is handling day- to-day functioning of the University and whatever the informations are transmitted from the University, are with the approval of accused Jogendra Singh @ Jogendra Dalal, which is evident from the What’sApp chattings in the mobile of accused Jogendra Singh @ Jogendra Dalal seized during investigation. ATM Card of the University Bank Account was [2025:RJ-JP:813] (25 of 31) [CRLMB-11012/2024] also recovered from the possession of accused Jogendra Singh @ Jogendra Dalal. There is also an evidence on record that huge amount from the Account of the University was transferred to the Account of Drishti Hotel & Infrastructure and the Director of the said Company/ Firm is son of accused Jogendra Singh @ Jogendra Dalal and one Rohit- relative of accused Jogendra Singh @ Jogendra Dalal. Rahish Kumar who was looking after the updation of the University Website was having regular conversations and chattings of the University as regards the day-to-day transactions. It has also come on record that only the salary of 25-30 employees were being paid from the University Account and maximum of them are the Clerks, Computer Operators and Class-IV employees. It is improbable that so many degrees and mark-sheets could be issued to the candidates after a regular course in absence of the requisite number of the concerned teachers. During the search of the University, the Degrees of BPEd for the Session 2014-15 were also recovered, whereas OPJS University was not recognized to conduct such Course. There is an evidence on record that on the information under section 27 of the Indian Evidence Act, a Printing Press was also recovered at the instance of accused Jogendra Singh @ Jogendra Dalal in Criminal Case No. 194/2018 registered at Police Station Bhiwani, Haryana. [2025:RJ-JP:813] (26 of 31) [CRLMB-11012/2024] Accused Jogendra Singh @ Jogendra Dalal is also facing various other criminal cases such as (i) FIR No.194/2018, registered at Police Station Bhiwani City, Haryana for the offences under sections 420, 467, 468, 471 and 120B IPC with the allegation of issuing forged Degrees in the back dates; (ii) FIR No.03/2019, registered at Police Station Anti Corruption Bureau, Sector-17 Panchkula, Haryanafor the offences under sections 420, 467, 468, 471 and 120B IPC, for misappropriation of the Scholarship amount; (iii) FIR No.12/2024, registered at Police Station SOG, Jaipur for the offences under sections 419, 420, 467, 468, 471 and 120B IPC and sections 3, 7, 10 of the Rajasthan Public Examination Act, 2022 and 66D of the I.T. Act; (iv) FIR No.14/2024, registered at Police Station SOG, Jaipur for the offences under sections 419, 420, 467, 468, 471 and 120B IPC and sections 3, 7, 10 of the Rajasthan Public Examination Act, 2022 and 66D of the I.T. Act; and (v) FIR No. 15/2024 registered at Police Station SOG, Jaipur for the offences under sections 419, 420, 467, 468, 471 and 120B IPC and sections 3, 7, 10 of the Rajasthan Public Examination Act, 2022 and 66D of the I.T. Act. C. As per the evidence collected during the course of investigation there seems to be connection of accused petitioner Jitendra Singh Yadav with other accused persons. The Investigating Agency has also come out with the fact that [2025:RJ-JP:813] (27 of 31) [CRLMB-11012/2024] on 10.11.2014 accused Jitendra Singh Yadav was engaged as an Assistant Professor in the OPJS University with the salary of Rs.20,000/- per month and thereafter within a short period he has become the owner of three Universities namely; Sunrise University, Alwar, M.K. University, Patan and Jeet University, Bundi. Accused Jitendra Singh Yadav is also facing three other criminal cases. D. The allegation against accused Mandeep Kumar is regarding obtaining one forged Degree in the name of his sister. As per the evidence collected during the course of investigation and examined by this Court, there is transaction of about Rs.1,30,00,000/- from the account of the accused Mandeep Kumar in between the period from 1.1.2019 to

27.05.2024. Accused Mandeep Kumar has also transferred the amount in the account of co-accused Paramjeet Singh, who is son of accused Subhash Poonia who happens to be one of the mastermind in creation of forged Degrees and Mark-sheets. E. As regards the allegation against the accused petitioner Paramjeet Singh, his counsel submitted that he has been implicated in this case merely because he is the son of co-accused Subhash Poonia. He further submitted that accused Paramjeet Singh has not withdrawn any amount from the Bank Account and therefore, he (accused Paramjeet [2025:RJ-JP:813] (28 of 31) [CRLMB-11012/2024] Singh) was not knowing whether any amount has been deposited by some person in his account. As per the investigation report, the complainant on instructions of Subhash Poonia deposited the amount in the Account of accused Paramjeet Singh and was given the forged Degrees. As per the Bank statement enclosed with the investigation report accused Paramjeet Singh withdrawn the amount on number of occasions which speaks of the fact that he was well aware about depositing of the amount in his Account and it can be very well said that he is also connected with the offence.

17. The Investigating Agency has come out with the fact that huge number of forged documents i.e. about 43,000 have been issued by the accused persons in an organized manner, who for one reason or the other, are connected with each other for issuance of such forged documents.

18. Many of the candidates who have been issued the forged documents were declared selected in many of the recruitment and later-on during verification, their documents have been found forged. Selection of such candidates has deprived the genuine candidates of their rights.

19. During investigation it has also come out that when the Investigating Agency sought for the record from the University it was told that the whole of the record has been [2025:RJ-JP:813] (29 of 31) [CRLMB-11012/2024] destroyed in a fire accident. The learned GA-cum-AAG has come out with the fact that on the one hand they are saying that the record of the University has been destroyed in a fire accident, whereas on the other hand, when the verifications are being sought for by the concerned University, the verification of the documents are being made by the University persons and there is evidence available on the record that all the correspondences coming for verification of the documents from the Recruitment Agencies are being transmitted to the accused Sarita Kadvasara, Jogendra Singh, Jitendra Singh Yadav etc. which is evident from the datas recovered from their mobiles.

20. The act of the petitioners of such a serious nature that it is a crime against the Society because issuance of forged documents deprive the genuine candidates for getting selected in the government employment and such act of the accused petitioners vanishes the hopes of the genuine candidates and their family members.

21. The accused petitioners namely; Sarita Kadvasara, Jogendra Singh, Jitendra Singh Yadav are still connected with the University though on record they have left the University. The documents verification of the forged documents issued in the name of the University by the accused are being verified at the behest of these accused. Since the accused have [2025:RJ-JP:813] (30 of 31) [CRLMB-11012/2024] issued huge forged documents, their verification part is still going on so as to avoid the selection of the candidates on the basis of such forged documents. The background of the accused petitioners and their conduct as emerges from the evidence collected during the course of investigation, clearly speaks that there is a likelihood of tampering with the witnesses, the future verification and investigation in regard to the documents in such circumstances and in view of the discussions made above, the accused petitioners do not deserve for indulgence of post arrest bail merely because the offences against them are triable by the Magistrate in the facts and the circumstances of the case and the likelihood of influencing the trial and future investigation as regards the issuance of huge forged documents cannot be a ground to claim for releasing them on bail. This Court is also under an obligation to see that the trial of the case in such kind of allegations which are against the Society should be concluded fairly without any tampering of the witnesses in any manner.

22. Accordingly, all these five bail applications are dismissed.

23. Taking into consideration the custody of the accused petitioners, it is expected from the trial court to conclude the trial as early as possible and may be conducted on day to day basis. [2025:RJ-JP:813] (31 of 31) [CRLMB-11012/2024]

24. The Registry is directed to place a copy of this order in the connected bail applications. (GANESH RAM MEENA),J NK Sharma/Dy. Registrar