SC sets aside bail to two accused of using dummy candidate in Rajasthan civil engineer exam

New Delhi: The Supreme Court on Friday said lack of criminal antecedent and the period of custody undergone are perfectly valid criteria for grant of bail but the effect of an offence on society cannot be lost sight of.

The top court set aside bail granted to two men accused of using dummy candidate in a recruitment examination.

A bench of Justices Sanjay Karol and Ahsanuddin Amanullah noted, in India, the reality is that there are far more takers of government jobs than the jobs available and absolute scrupulousness in the process of public recruitment examination instilled and rejuvenated the faith of the people that those who are truly deserving of the positions, are installed to such positions.

The bench said the acts such as the one allegedly committed by the respondent accused represented possible chinks in the faith of the people in the public administration and the executive.

The court emphasised that each job which has a clearly delineated entry process - with prescribed examination and/or interview process, has only to be filled in accordance thereof.

The bench quashed the Rajasthan High Court's May 8, 2024, order, which granted bail to Indraj Singh and Salman Khan for alleged use of dummy candidate in Assistant Engineer Civil (Autonomous Governance Department) Competitive Examination-2022. The HC noted the accused did not have criminal antecedent and they remained in custody for over two months.

Allowing the state government's appeal, the bench said lack of criminal antecedent and the period of custody are perfectly valid criteria for grant of bail, but the court while giving due credence to them, cannot lose sight of the primary offence and its effect on society.

The court concurred with the view of the trial court, denying them bail.

"Since surely there must have been thousands of people who appeared for the exam, and the respondent-accused persons, for their own benefit, tried to compromise the sanctity of the exam, possibly affecting so many of those who would have put in earnest effort to appear in the exam in the hopes of securing a job," the bench said.

The court also underscored bail once granted is not to be set aside ordinarily, but the contrary view taken here was keeping in view the overall impact of the alleged acts of the respondent-accused and its effect on society.