SRUSHTIBEN BHUPATBHAI BORDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Application is preferred by the Applicant under Sec. 438 of the Code of Criminal Procedure seeking anticipatory bail for the offence punishable under Ss. 406 , 409 , 120B , 114 , 34 , 201 of the Indian Penal Code and Ss. 72 , 72(A) of the I.T. Act and Ss. 12(1) and 12(4) of Gujarat Public Examination (Prevention of Unfair Means) Act, 2023 for which an FIR came to be registered with Nilambaug Police Station, District Bhavnagar on 4/4/2023.

(2.) Heard learned Advocate Ms. Kruti M. Shah for the Applicant. She submitted that the Applicant is a student aged about 19 years. The Applicant has not played any role whatsoever in commission of the offence in question. As per the case of the prosecution, she held a mobile phone belonging to one of one of the co-accused. She submitted that if the present Application is not considered, it will have an adverse impact upon the life and career of the present Applicant. She submitted that the Applicant has no past criminal record. She also submitted that the Applicant is ready and willing to cooperate with the Investigating Agency. She therefore submitted to allow the present Application and enlarge the Applicant on anticipatory bail subject to suitable conditions.

(3.) The Application is opposed by learned APP Ms. Jirga Jhaveri inter alia contending that the Applicant was involved in the commission of the offence in question. It is therefore submitted to dismiss the present Application.