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SURESH SAHU v. THE STATE OF RAJASTHAN

Supreme Court of India | Diary 10178/2025

Status

ROP - of Main Case

Decided On

23-05-2025

Bench

HON'BLE MR. JUSTICE SANJAY KAROL and HON'BLE MR. JUSTICE JOYMALYA BAGCHI

Petitioner

SURESH SAHU

Respondent

THE STATE OF RAJASTHAN

Primary Holding

Prolonged pre-trial custody, considered alongside the totality of circumstances, constitutes sufficient ground for grant of bail, and bail conditions must be proportionate; blanket geographical restraints on an accused within their home State are impermissible absent specific justification.

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Full Judgment Text

ITEM NO.7 COURT NO.14 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No. 3413/2025 [Arising out of impugned final judgment and order dated 12-12-2024 in SBCRMBA No.15492/2024 passed by the High Court of Judicature for Rajasthan at Jaipur] SURESH SAHU Petitioner(s) VERSUS THE STATE OF RAJASTHAN Respondent(s) (IA No. 67072/2025 - EXEMPTION FROM FILING O.T., IA No. 57013/2025- EXEMPTION FROM FILING O.T. AND IA No. 67071/2025-PERMISSION TO FILE ADDITIONAL DOCUMENTS/ FACTS/ANNEXURES) WITH SLP(Crl) No. 3836/2025 (II) (IA No. 63380/2025 - EXEMPTION FROM FILING O.T.) SLP(Crl) No. 3706/2025 (II) (IA No. 61595/2025 - EXEMPTION FROM FILING O.T.) SLP(Crl) No. 3847/2025 (II) (IA No. 63651/2025 - EXEMPTION FROM FILING O.T.) SLP(Crl) No. 3999/2025 (II) (IA No. 67932/2025 - EXEMPTION FROM FILING O.T.) SLP(Crl) No. 4116/2025 (II) (IA No. 70584/2025 - EXEMPTION FROM FILING O.T.) Date : 23-05-2025 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE JOYMALYA BAGCHI 1

For Petitioner(s) :Mr. Siddharth Dave, Sr. Adv. Mr. Vedant Sharma, Adv. Mr. Ashish Kumar Pandey, Adv. Mr. Shivam Sharma, Adv. Mr. Shiva Pandey, Adv. Ms. Gauri Anand, Adv. Mr. Yashwant Singh, AOR Mr. Sudhanshu Choudhary, Sr. Adv. Dr. Menaka Guruswamy, Sr. Adv. Mr. Sudhanshu Chawdhary, Sr. Adv. Mr. Pankaj Singhal, Adv. Ms. Ashima Gupta, Adv. Mr. Anushashit Arya, Adv. Mr. Ayush Anand, AOR Mr. Anushasit Arya, Adv. Ms. Shaswati Parhi, Adv. Mr. Monu Kumar, Adv. Mr. Vishal Kumar, Adv. For Respondent(s) :Mr. Shiv Mangal Sharma, A.A.G. Mr. Amogh Bansal, Adv. Ms. Nidhi Jaswal, AOR UPON hearing the counsel the Court made the following O R D E R SLP (Crl.) No. 3413/2025 1. The petitioner seeks leave to challenge the order dated 12-12-2024 in S.B.Crl. Misc. Bail Appln. No.15492/2024 titled “ Suresh Sahu vs. State of Rajasthan ” passed by the High Court of Judicature for Rajasthan Bench at Jaipur. 2. The petitioner is in custody since 05.03.2024 in connection with FIR No.0010/2024 dated 03.03.2024 registered at Police Station Special Police Station (SOG), District ATS & SOG, for the offences punishable 2

under Sections 419, 420 and 120B IPC, Sections 4,5, and 6 of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992 and Section 66D of the Information & Technology Act,2008. 3. Having heard learned counsel for the parties, and perused the material placed on record, we are of the considered view that the petitioner has made out a case for interference with the impugned order dated 12-12-2024. 4. Considering the totality of circumstances and also the fact that the petitioner is in custody since 05.03.2024, we are inclined to grant bail to the petitioner on such terms and conditions as may be fixed by the Trial Court. Ordered accordingly. 5. It goes without saying that the accused, would fully co-operate with the Investigating Agency during the trial for ensuring its expeditious adjudication. 6. Needless to add, the petitioner would maintain good conduct and not endeavour to influence any of the witnesses, in any manner, till the completion of the trial. 7. Under no circumstances, petitioner shall seek any 3

un-warranted adjournment during trial. 8. The petitioner shall furnish his latest address; place of residence; contact number to the Trial Court and shall report to the Investigating Officer at least once a month, till such time the challan is presented for trial. 9. To comply with the order, the petitioner shall be produced before the Trial Court forthwith. 10. In the event of any change of circumstance, it shall be open for the Trial Court to take steps for cancellation of bail, in accordance with law. 11. Learned counsel for the State of Rajasthan insists that during the trial, petitioner be restrained from staying within the State of Rajasthan. We see no reason to impose such a condition in the instant case. 12. The special leave petition is, accordingly, disposed of. 13. Pending application(s), if any, stands disposed of. SLP (Crl.) No. 3836 OF 2025 1. The petitioner seeks leave to challenge the order dated 24.02.2025 in S.B.Crl. Misc. Bail Appln. No.15138/2024 titled “ Gamma Ram Khilery vs. State of 4

Rajasthan ” passed by the High Court of Judicature for Rajasthan at Jodhpur. 2. The petitioner is in custody since 03.03.2023 in connection with FIR No.227/2022 dated 25.12.2022 registered at Police Station Bekariya, District- Udaipur, for the offences punishable under Sections 419, 420 and 120B IPC, Sections 3,4,6 and 6(a) of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992 and Sections 3,6,9 and 10 of the Rajasthan Public Eamination ((Prevention of Unfair Means) Amendment Act, 2022. 3. Having heard learned counsel for the parties, and perused the material placed on record, we are of the considered view that the petitioner has made out a case for interference with the impugned order dated 24.02.2025. 4. Considering the totality of circumstances and also the fact that the petitioner is in custody since 03.03.2023, we are inclined to grant bail to the petitioner on such terms and conditions as may be fixed by the Trial Court. Ordered accordingly. 5. It goes without saying that the accused, would fully co-operate with the Investigating Agency during 5

the trial for ensuring its expeditious adjudication. 6. Needless to add, the petitioner would maintain good conduct and not endeavour to influence any of the witnesses, in any manner, till the completion of the trial. 7. Under no circumstances, petitioner shall seek any un-warranted adjournment during trial. 8. The petitioner shall furnish his latest address; place of residence; contact number to the Trial Court and shall report to the Investigating Officer at least once a month, till such time the challan is presented for trial. 9. To comply with the order, the petitioner shall be produced before the Trial Court forthwith. 10. In the event of any change of circumstance, it shall be open for the Trial Court to take steps for cancellation of bail, in accordance with law. 11. Learned counsel for the State of Rajasthan insists that during the trial, petitioner be restrained from staying within the State of Rajasthan. We see no reason to impose such a condition in the instant case. 6

12. The special leave petition is, accordingly, disposed of. 13. Pending application(s), if any, stands disposed of. SLP (Crl.) No. 3706 OF 2025 1. The petitioner seeks leave to challenge the order dated 24.02.2025 in S.B.Crl. Misc. Bail Appln. No.297/2025 titled “ Anita Kumari @ Anita vs. State of Rajasthan ” passed by the High Court of Judicature for Rajasthan at Jodhpur. 2. The petitioner is in custody since 05.04.2023 in connection with FIR No.227/2022 dated 25.12.2022 registered at Police Station Bekariya, District- Udaipur, for the offences punishable under Sections Sections 3,4,6 and 6(a) of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992 and Sections 3,6,9 and 10 of the Rajasthan Public Eamination (Prevention of Unfair Means) Amendment Act, 2022. 3. Having heard learned counsel for the parties, and perused the material placed on record, we are of the considered view that the petitioner has made out a case for interference with the impugned order dated 24.02.2025. 7

4. Considering the totality of circumstances and also the fact that the petitioner is in custody since 05.04.2023, we are inclined to grant bail to the petitioner on such terms and conditions as may be fixed by the Trial Court. Ordered accordingly. 5. It goes without saying that the accused, would fully co-operate with the Investigating Agency during the trial for ensuring its expeditious adjudication. 6. Needless to add, the petitioner would maintain good conduct and not endeavour to influence any of the witnesses, in any manner, till the completion of the trial. 7. Under no circumstances, petitioner shall seek any un-warranted adjournment during trial. 8. The petitioner shall furnish his latest address; place of residence; contact number to the Trial Court and shall report to the Investigating Officer at least once a month, till such time the challan is presented for trial. 9. To comply with the order, the petitioner shall be produced before the Trial Court forthwith. 10. In the event of any change of circumstance, it shall be open for the Trial Court to take steps for 8

cancellation of bail, in accordance with law. 11. Learned counsel for the State of Rajasthan insists that during the trial, petitioner be restrained from staying within the State of Rajasthan. We see no reason to impose such a condition in the instant case. 12. The special leave petition is, accordingly, disposed of. 13. Pending application(s), if any, stands disposed of. SLP (Crl.) No. 3847 OF 2025 1. The petitioner seeks leave to challenge the order dated 24.02.2025 in S.B.Crl. Misc. Bail Appln. No.82 of 2024 titled “Pukhraj vs. State of Rajasthan ” passed by the High Court of Judicature for Rajasthan at Jodhpur. 2. The petitioner is in custody since 25.01.2023 in connection with FIR No.227/2022 dated 25.12.2022 registered at Police Station Bekariya, District- Udaipur, for the offences under Sections Sections 3,4,6 and 6(a) of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992 and Sections 3,6,9 and 10 of the Rajasthan Public Eamination (Prevention of Unfair Means) Amendment Act, 2022. 9

3. Having heard learned counsel for the parties, and perused the material placed on record, we are of the considered view that the petitioner has made out a case for interference with the impugned order dated 24.02.2025. 4. Considering the totality of circumstances and also the fact that the petitioner is in custody since 25.01.2023 we are inclined to grant bail to the petitioner on such terms and conditions as may be fixed by the Trial Court. Ordered accordingly. 5. It goes without saying that the accused, would fully co-operate with the Investigating Agency during the trial for ensuring its expeditious adjudication. 6. Needless to add, the petitioner would maintain good conduct and not endeavour to influence any of the witnesses, in any manner, till the completion of the trial. 7. Under no circumstances, petitioner shall seek any un-warranted adjournment during trial. 8. The petitioner shall furnish his latest address; place of residence; contact number to the Trial Court and shall report to the Investigating Officer at least once a month, till such time the challan is presented 10

for trial. 9. To comply with the order, the petitioner shall be produced before the Trial Court forthwith. 10. In the event of any change of circumstance, it shall be open for the Trial Court to take steps for cancellation of bail, in accordance with law. 11. Learned counsel for the State of Rajasthan insists that during the trial, petitioner be restrained from staying within the State of Rajasthan. We see no reason to impose such a condition in the instant case. 12. The special leave petition is, accordingly, disposed of. 13. Pending application(s), if any, stands disposed of. SLP (Crl.) No. 3999 OF 2025 1. The petitioner seeks leave to challenge the order dated 24.02.2025 in S.B.Crl. Misc. Bail Appln. No.14982 of 2024 titled “Rajeev Kumar vs. State of Rajasthan ” passed by the High Court of Judicature for Rajasthan at Jodhpur. 2. The petitioner is in custody since 03.03.2023 in connection with FIR No.227/2022 dated 25.12.2022 11

registered at Police Station Bekariya, District- Udaipur, for the offences punishable under Sections Sections 3,4,6 and 6(a) of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992 and Sections 3,6,9 and 10 of the Rajasthan Public Eamination (Prevention of Unfair Means) Amendment Act, 2022. 3. Having heard learned counsel for the parties, and perused the material placed on record, we are of the considered view that the petitioner has made out a case for interference with the impugned order dated 24.02.2025. 4. Considering the totality of circumstances and also the fact that the petitioner is in custody since 03.03.2023 we are inclined to grant bail to the petitioner on such terms and conditions as may be fixed by the Trial Court. Ordered accordingly. 5. It goes without saying that the accused, would fully co-operate with the Investigating Agency during the trial for ensuring its expeditious adjudication. 6. Needless to add, the petitioner would maintain good conduct and not endeavour to influence any of the witnesses, in any manner, till the completion of the 12

trial. 7. Under no circumstances, petitioner shall seek any un-warranted adjournment during trial. 8. The petitioner shall furnish his latest address; place of residence; contact number to the Trial Court and shall report to the Investigating Officer at least once a month, till such time the challan is presented for trial. 9. To comply with the order, the petitioner shall be produced before the Trial Court forthwith. 10. In the event of any change of circumstance, it shall be open for the Trial Court to take steps for cancellation of bail, in accordance with law. 11. Learned counsel for the State of Rajasthan insists that during the trial, petitioner be restrained from staying within the State of Rajasthan. We see no reason to impose such a condition in the instant case. 12. The special leave petition is, accordingly, disposed of. 13. Pending application(s), if any, stands disposed of. 13

SLP (Crl.) No. 4116 OF 2025 1. The petitioner seeks leave to challenge the order dated 24.02.2025 in S.B.Crl. Misc. Bail Appln. No.15136 of 2024 titled “Ram Gopal vs. State of Rajasthan ” passed by the High Court of Judicature for Rajasthan at Jodhpur. 2. The petitioner is in custody since 24.03.2023 in connection with FIR No.227/2022 dated 25.12.2022 registered at Police Station Bekariya, District- Udaipur, for the offences punishable under Sections Sections 3,4,6 and 6(a) of the Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992 and Sections 3,6,9 and 10 of the Rajasthan Public Eamination (Prevention of Unfair Means) Amendment Act, 2022. 3. Having heard learned counsel for the parties, and perused the material placed on record, we are of the considered view that the petitioner has made out a case for interference with the impugned order dated 24.02.2025. 4. Considering the totality of circumstances and also the fact that the petitioner is in custody since 14

24.03.2023 we are inclined to grant bail to the petitioner on such terms and conditions as may be fixed by the Trial Court. Ordered accordingly. 5. It goes without saying that the accused, would fully co-operate with the Investigating Agency during the trial for ensuring its expeditious adjudication. 6. Needless to add, the petitioner would maintain good conduct and not endeavour to influence any of the witnesses, in any manner, till the completion of the trial. 7. Under no circumstances, petitioner shall seek any un-warranted adjournment during trial. 8. The petitioner shall furnish his latest address; place of residence; contact number to the Trial Court and shall report to the Investigating Officer at least once a month, till such time the challan is presented for trial. 9. To comply with the order, the petitioner shall be produced before the Trial Court forthwith. 10. In the event of any change of circumstance, it shall be open for the Trial Court to take steps for 15

cancellation of bail, in accordance with law. 11. Learned counsel for the State of Rajasthan insists that during the trial, petitioner be restrained from staying within the State of Rajasthan. We see no reason to impose such a condition in the instant case. 12. The special leave petition is, accordingly, disposed of. 13. Pending application(s), if any, stands disposed of. (RAJNI MUKHI) (RENU BALA GAMBHIR) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR 16

ITEM NO.3 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 Petition(s) for Special Leave to Appeal (Crl.) No. 3413/2025 [Arising out of impugned final judgment and order dated 12-12-2024 in SBCRMBA No. 15492/2024 passed by the High Court of Judicature for Rajasthan at Jaipur] SURESH SAHU Petitioner(s) VERSUS THE STATE OF RAJASTHAN Respondent(s) (IA No. 67072/2025 - EXEMPTION FROM FILING O.T. IA No. 57013/2025 - EXEMPTION FROM FILING O.T. IA No. 67071/2025 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) WITH SLP(Crl) No. 3836/2025 (II) (IA No. 63380/2025 - EXEMPTION FROM FILING O.T.) SLP(Crl) No. 3706/2025 (II) (IA No. 61595/2025 - EXEMPTION FROM FILING O.T.) SLP(Crl) No. 3847/2025 (II) (IA No. 63651/2025 - EXEMPTION FROM FILING O.T.) SLP(Crl) No. 3999/2025 (II) (IA No. 67932/2025 - EXEMPTION FROM FILING O.T.) SLP(Crl) No. 4116/2025 (II) (IA No. 70584/2025 - EXEMPTION FROM FILING O.T.) Date : 28-04-2025 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) :Mr. Vedant Sharma, Adv. Mr. Ashish Kumar Pandey, Adv. Mr. Yashwant Singh, AOR Mr. Sudhanshu Chawdhary, Sr. Adv. Ms. Maneka Guruswamy, Sr. Adv. Mr. Pankaj Singhal, Adv. Ms. Ashima Gupta, Adv. Mr. Abhishek Sharma, Adv. 1

SLP (Crl.) No. 3413/2025,etc. Ms. Sruteepriyadarshini, Adv. Mr. Anushasit Arya, Adv. Mr. Monu Kumar, Adv. Mr. Utkarsh Pratap, Adv. Ms. Shaswati Parhi, Adv. Mr. Ayush Anand, AOR For Respondent(s) : UPON hearing the counsel the Court made the following O R D E R 1 Counter affidavit be filed within one week. 2 Rejoinder affidavit, if any, be filed one week thereafter. 3 List on 23.05.2025. (RAJNI MUKHI) (PREETI SAXENA) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) 2

ITEM NO.3 + 64 + 65 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 Petition(s) for Special Leave to Appeal (Crl.) No(s).3706/2025 [Arising out of impugned final judgment and order dated 24-02-2025 in SBCRMBA No.297/2025 passed by the High Court of Judicature for Rajasthan at Jodhpur] ANITA KUMARI @ ANITA PETITIONER(S) VERSUS THE STATE OF RAJASTHAN RESPONDENT(S) FOR ADMISSION IA No. 61595/2025 - EXEMPTION FROM FILING O.T. WITH SLP(Crl) No. 3847/2025 (II) FOR ADMISSION IA No. 63651/2025 - EXEMPTION FROM FILING O.T. SLP(Crl) No.3999 of 2025 SLP(Crl) No.4116 of 2025 Date : 21-03-2025 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) : Mr. Sudhanshu Chawdhary, Sr. Adv. Mr. Pankaj Singhal, Adv. Ms. Ashima Gupta, Adv. Ms. Srutee Priyadarshini, Adv. Mr. Abhishek Sharma, Adv. Ms. Srutee Priyadarshi, Adv. Mr. Vishal Kumar, Adv. Mr. Anushasit Arya, Adv. Mr. Monu Kumar, Adv. Mr. Ayush Anand, AOR For Respondent(s) : 1

Upon hearing the counsel the Court made the following O R D E R 1. Petitioners challenge the impugned judgment and order dated 24.02.2025 in S.B. Criminal Miscellaneous Bail Application Nos.297/2025, 82/2024, 14982/2023 & 15136/2024 passed by the High Court of Judicature for Rajasthan at Jodhpur. 2. Issue notice. 3. Dasti service, in addition, is permitted. Let steps for service be taken within two weeks. 4. Petitioners are permitted to serve the learned standing counsel for the State of Rajasthan. 5. Tag and list these Special Leave Petitions along with SLP (Crl) No.3413 of 2025. (D. NAVEEN) (ANU BHALLA) COURT MASTER (SH) COURT MASTER (NSH) 2

ITEM NO.13 + 64 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 Petition(s) for Special Leave to Appeal (Crl.) No(s).3413/2025 [Arising out of impugned final judgment and order dated 12-12-2024 in SBCRMBA No.15492/2024 passed by the High Court of Judicature for Rajasthan at Jaipur] SURESH SAHU Petitioner(s) VERSUS THE STATE OF RAJASTHAN Respondent(s) with SLP (Crl.) No.3836 of 2025 FOR ADMISSION IA No. 57013/2025 - EXEMPTION FROM FILING O.T. Date : 17-03-2025 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) : Ms. Menaka Guruswamy, Sr. Adv. Mr. Sudhanshu Chaudhary, Sr. Adv. Mr. Pankaj Singhal, Adv. Ms. Ashima Gupta, Adv. Mr. Abhishek Sharma, Adv. Ms. Srutee Priyadarshini, Adv. Mr. Menu Kumar, Adv. Mr. Ayush Anand, AOR Mr. Anushashit Arya, Adv. For Respondent(s) : Upon hearing the counsel the Court made the following O R D E R 1. Petitioners challenge the judgment and order dated 12.12.2024 in SB Criminal Mis. Bail Application No.15492/2024 passed by the High Court of Judicature for Rajasthan at Jaipur, titled “ Suresh Sahu vs. State of Rajasthan ”; and, the judgment and order dated 1

24.02.2025 in SB Criminal Mis. Bail Application No.15138/2024 passed by the High Court of Judicature for Rajasthan at Jodhpur, titled “ Ganga Ram Khilery vs. State of Rajasthan ” 2. Issue notice, returnable on 28.04.2025. 3. Dasti service, in addition, is permitted. Let steps for service be taken within two weeks. 4. Petitioner(s) is permitted to serve the learned standing counsel for the State of Rajasthan. (D. NAVEEN) (ANU BHALLA) COURT MASTER (SH) COURT MASTER (NSH) 2

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