Applicant accused of masterminding question paper leak scam in RE-NEET exam granted bail on conditions after charge-sheet filed; court emphasizes bail as rule and jail as exception under Article 21 of Constitution
In a significant judgment delivered on October 1, 2026, the Gujarat High Court, presided over by Justice Hasmukh D. Suthar, granted regular bail to Sumersing Bharatlal Meena, accused in a cyber fraud case involving a RE-NEET examination paper leak scam. The applicant, who had been in custody since June 13, 2026, was alleged to have hatched a criminal conspiracy by purchasing SIM cards and circulating advertisements through Telegram channels, promising students guaranteed success in the examination in exchange for amounts ranging from Rs. 60,000 to Rs. 10,00,000.
The court noted that the investigation had been completed and a charge-sheet filed under Sections 318(4), 319(2), and 54 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Importantly, no further recovery or discovery was pending from the applicant. The offences are triable by the Judicial Magistrate First Class (JMFC), and the applicant had no prior criminal record.
Considering the principles governing bail, the court reiterated factors such as the nature of the accusation, severity of punishment, the prosecution's material, the likelihood of witness tampering, the accused's character, and public interest. The prosecution's argument that the accused might abscond was found unsubstantiated. The court referred to landmark judgments including Sanjay Chandra v. CBI and Gudikanti Narasimhulu v. Public Prosecutor, emphasizing that prolonged detention before trial amounts to pre-trial conviction, thereby infringing on personal liberty guaranteed under Article 21 of the Constitution.
The court imposed conditions on the bail grant to ensure that the liberty is not misused. The applicant is required to execute a personal bond of Rs. 25,000 with a surety of the same amount. Additional conditions include surrendering the passport within a week, not leaving India without prior court permission, monthly presence at the police station for six months, furnishing Aadhaar card, email ID, and residential details, and refraining from any illegal activity or interfering with the prosecution.
The court clarified that these observations are of a preliminary nature and shall not influence the trial court's judgment on the evidence. The trial court retains the discretion to modify bail conditions and take appropriate action in case of any violation.
This judgment underscores the judiciary's commitment to safeguarding personal liberty and ensuring that bail remains the norm rather than an exception, particularly when the investigation is complete and the accused poses no flight risk or threat to the investigation.
Bottom Line:
Regular bail - Cyber fraud relating to RE-NEET examination paper/leak scam allegations - Investigation completed and charge-sheet filed - No recovery pending - Offence triable by JMFC - Applicant in custody since 13.06.2026 and having no past antecedents - Trial likely to take time - Applying principle that bail is the rule and jail is the exception, applicant granted regular bail subject to conditions.
Statutory provision(s):
Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 318(4), 319(2), 54, 483
Sumersing Bharatlal Meena v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2990522
