AKSHAYKUMAR VINODKUMAR PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being C.R. No.11209041211735 of 2021 registered with Prantij Police Station, Sabarkantha for offences punishable under Ss. 406, 409, 420 and 120(B) of IPC.

(2.) Mr. Chudasama, learned advocate for the applicant submitted that name of the present applicant is not there in the FIR and he is arrested on the basis of the statement of the co-accused. It is submitted that the present applicant is working in UGVCL. The allegation against the present applicant is that he has procured the question papers for his friend Dhimant. It is submitted that the present applicant or any family members have not appeared for the Head Clerk examination. No recovery or discovery has been made from the presnt applicant. There are no antecedents of the present accused - applicant. The co-accused having similar nature of role has been released by the co-ordinate bench of this Court. As such it is prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Mr. Kodekar, learned APP for the respondent - State submitted that it is a huge scam of examination paper leak and many of the persons involved in the same. It is also submitted that the accused - applicant is equally responsible for the illegal, act and his act is affecting the society and as such considering the seriousness and gravity of offence no discretion may be exercised in favour of the applicant.