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Rajasthan High Court
Criminal Law

JEN 2020 Paper Leak: Rajasthan High Court Grants Bail to Two Accused, Says Seriousness Alone Cannot Bar Bail

Ganpatlal Malwada v. State of Rajasthan (with Bhupendra @ Bhupendra Saran v. State of Rajasthan) 2026:RJ-JP:41788 Decided 9 October 2026

Published: · NyayVidhan · 3 min read

In Ganpatlal Malwada v. State of Rajasthan (2026:RJ-JP:41788), the Rajasthan High Court granted bail to two men accused by the SOG in the Junior Engineer Examination, 2020 paper-leak case. The seriousness of the accusation, it held, cannot by itself be the sole ground for refusing bail. It relied on the filed charge-sheet, the offences being triable by a Magistrate, co-accused already on bail and a long trial ahead, without commenting on the merits (paras 12-13).

JEN 2020 Paper Leak: Rajasthan High Court Grants Bail to Two Accused, Says Seriousness Alone Cannot Bar Bail

Judgment Intelligence

Bail Granted
Ganpatlal Malwada v. State of Rajasthan (with Bhupendra @ Bhupendra Saran v. State of Rajasthan)
2026:RJ-JP:41788
S.B. Criminal Misc. Second Bail Application No. 15090/2026 with S.B. Criminal Miscellaneous Bail Application No. 16162/2026
Court
Rajasthan High Court
Date of Decision
9 October 2026
Bench
Justice Anil Kumar Upman
Relevant Acts & Sections
Indian Penal Code, 1860 — Sections 420, 467, 468, 471, 120, 201 and 120B; Information Technology Act, 2000 — Section 66D; Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992 — Sections 4 and 6; Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483
Final Outcome

Both bail applications were allowed on personal bonds of Rs 2,00,000 with two sureties of Rs 1,00,000 each; the petitioners must commit no offence on bail and must report to the police station monthly until the trial ends (paras 14-15). The observations are limited to bail (para 19).

Source Rajasthan High Court, hcraj.nic.in — order dated 9 October 2026

Key holdings

  1. Statements of co-accused, their corroboration and whether they prove the alleged conspiracy are for the trial, not for meticulous appreciation at the bail stage (para 11).
  2. The seriousness of a paper-leak accusation cannot by itself be the sole ground for declining bail (para 12).
  3. A filed charge-sheet, Magistrate-triable offences, co-accused on bail and a long trial ahead weighed in favour of bail (para 13).
  4. Any breach of the bail conditions, including monthly reporting, is by itself a ground for the trial court to cancel bail (paras 15, 17).

Judgment digest by NyayVidhan: a summary of the court's judgment, not its text. The judgment itself is the authoritative version.

Brief Facts

The SOG registered FIR No. 03/2026 after a complaint from the State Selection Commission about a leak of the Junior Engineer Examination, 2020, re-held in 2021; the charge-sheet invokes Sections 420, 467, 468, 471, 120, 201 and 120B IPC, Section 66D of the IT Act and Sections 4 and 6 of the 1992 Unfair Means Act (paras 2-3). The prosecution alleges that Bhupendra Saran gave a tablet to his 'site handler' Ganpatlal Malwada, that solved papers were printed and distributed, and that some candidates were appointed (para 3). The State said they face 5 and 14 cases; the defence said they were on bail in 2 and 12, and objected to a four-year delay in the FIR (paras 5, 7-8).

Court's Findings

The Court called the allegations undoubtedly serious, but said that at the bail stage it must weigh the nature of the allegations, the material collected, the custody undergone, the stage of the proceedings and the likelihood of the trial ending within a reasonable period (para 10). The petitioners were implicated at different stages of the investigation, and the prosecution's material includes statements of co-accused persons; their evidentiary value, corroboration and whether they would establish the alleged conspiracy are matters for the trial, and the Court declined to appreciate them meticulously (para 11). The seriousness of the accusation, by itself, cannot be the sole consideration for declining bail; it must be balanced with personal liberty, the period of custody, the stage of the proceedings and the likely length of the trial (para 12). Considering the charge-sheet, that the offences are triable by a Magistrate, that similarly situated co-accused had been enlarged on bail by this Court and a coordinate bench, and that the trial will take considerable time, it allowed both applications without commenting on the merits (para 13).

Legal Principle

The seriousness of a paper-leak accusation is relevant but cannot alone justify refusing bail. Where the charge-sheet is filed, the offences are Magistrate-triable, similarly situated co-accused are on bail and the trial will be long, bail may be granted, leaving the weight of co-accused statements to the trial (paras 11-13).

NyayVidhan's view · Practice note

Why It Matters

The order turns on the stage of the case rather than its merits: the charge-sheet had been filed, the offences are triable by a Magistrate and co-accused were already on bail (para 13). The weight of co-accused statements was left to the trial (para 11). The State's reliance on the petitioners' other cases and the defence argument that the FIR came more than four years after the 2021 re-examination are recorded (paras 5, 7-8) but not separately discussed. Compare Anil Kumar Meena v. State of Rajasthan, where the Supreme Court granted bail under the same 1992 Act after nearly 30 months in custody, and Sangeeta Arya v. State of Rajasthan on the leak-hit 2021 Sub-Inspector examination.

Editorial comment by the NyayVidhan Editorial Desk. It is not part of the Court's judgment and is not legal advice.

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