AMITKUMAR BHARATBHAI TAVIYAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Court has heard Ms. Dipa Zala, learned counsel for the applicant, Mr. A D Oza, learned counsel for the original complainant and Ms. Jhaveri learned APP, for the respondent State

(2.) The applicant has filed present regular bail application under Sec. 439 of the Code of Criminal Procedure seeking their release in connection with the FIR being C.R. No. 11821002220082 of 2022 registered with Sanjeli Police Station, Dahod for the offences punishable under Ss. 406 , 409 , 114 of the Indian Penal Code, Sec. 72 and 72 A of the Information Technology Act, 2000 and Sec. 43(2)(a)(b)(c)(d) of the Gujarat Secondary and Higher Secondary Education Act, 1972.

(3.) As per the prosecution case, the accused in connivance with each other have made question papers of exam of Hindi of 10th Standard - SSC with its answer keys viral on social media like Facebook and Whatsapp during the examination held on 9/4/2022 at Limkheda Zone, Sanjeli Taluka, Dist. Dahod. The complainant being a Zonal Officer lodged an FIR inter alia alleging that the applicant Shailesh Patel and others illegally obtained the copy of Hindi subject question paper and after getting its answer, same was circulated on social media, as referred herein above. The accused Aratsinh Patel being a supervisor had sent the paper on Whatsapp and in turn it was again sent on the cell phone of co-accused along with the answer key and when co-accused went to shop of accused Ghanshyam Charel for getting Xerox copy, he retain one copy of the paper and published on his facebook account.