LAKHVINDER SINGH GURNAMSINGH SIDDHU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Maulik Nanavati, learned advocate for the applicant and Mr.Pranav Trivedi, learned APP for the opponent State through video conferencing.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the First Information Report registered with the Sector 7 Police Station vide I ?C.R.No.233 of 2019 for the offences punishable under Sections 406 , 409 , 420 and 120B of the Indian Penal Code and Section 70 of the Information Technology Act.

(3.) The learned advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. Learned advocate Mr.Nanavati for the applicant has mainly submitted that it is the allegation against the present applicant that he has taken part in the leakage of the question paper for the Non ? Sachivalaya Clerk, Class - III examination and he is in jail. He has further submitted that present applicant is at present on temporary bail due to Corona Virus (Covid ? 19) and his custody may be considered as deemed custody for regular bail. Moreover he has further submitted that another accused Rambhai Nareshbhai Gadhvi who is the applicant of Criminal Misc. Application No.2605 of 2020, has same role as of the present applicant who is released on bail by this Court on 04.03.2020. He has shown charge ?sheet which describes that role of the present applicant and of Rambhai Nareshbhai Gadhvi is similar. Moreover learned advocate Mr.Maulik Nanavati for the applicant submitted that the main accused Mohmad Faruq Abdulwahab Kureshi is released on regular bail on today i.e. 05.05.2020 in Criminal Misc.Appln. No.6178 of 2020. Mr.Nanavati, learned advocate for the applicant therefore prayed for benefit of the parity.