Chain of Disclosures Not Enough to Arrest: Rajasthan High Court Grants Anticipatory Bail in Recruitment Paper Leak Case

The SOG's FIR No. 39/2024 alleges that a gang leaked the question paper of the Supervisor (Women Empowerment) Direct Recruitment Examination, 2018, conducted by the Rajasthan Subordinate and Ministerial Services Selection Board, and supplied answers to candidates through Bluetooth devices for money (paras 1-2). The offences include cheating and conspiracy under the IPC and the Rajasthan Public Examination (Prevention of Unfairmeans) Act, 1992 (para 1). Apprehending arrest after an order of 14.09.2026, the petitioner sought anticipatory bail, which the State opposed (paras 1, 3-4).

The petitioner was not named in the FIR, no prosecution witness attributed any role to her, and neither charge-sheet mentioned her in any capacity (paras 5-5.1). The case against her proceeded from one disclosure to another, A naming B and B naming C; without deciding their admissibility, the Court held that such revelations are not substantive evidence and cannot justify curtailing liberty (para 5.2). A person cannot be arrested merely because the agency later forms an opinion that she should be arrayed; there must be tangible material with a nexus to the offence (para 5.3). The belated attempt, for a 2018 recruitment, 2019 examination and 2024 FIR, called for circumspection (para 5.4). Citing Joginder Kumar, the Court said the power to arrest differs from its justification, and arrest would gravely harm a woman with no antecedents (para 5.8). The offences did not carry death or life imprisonment, the protection for women under Section 480 of the BNSS deserved consideration, nothing suggested she would abscond, and no custodial interrogation was shown to be necessary (paras 5.10-5.11).