DORNAH ANYANGO OJIJO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of rule on behalf of respondent State.

(2.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR No.11205046230001 registered with Cyber Crime Police Station, Border Range-Bhuj, Kachchh West ' Bhuj for the offences punishable under Ss. 406, 420, 114 and 201 of IPC and Sec. 66C and 66D of the Information Technology Act.

(3.) Learned advocate appearing on behalf of the applicants submitted that the applicants-accused were arrested on 7/9/2023 and since then they are in judicial custody. The investigation has concluded and charge-sheet has also been filed. It is further submitted that applicant No.1 is a lady and is pregnant. As per the opinion of the Doctor, the expected date of delivery is the last week of December 2023. It is further submitted that during the course of investigation, nothing has been recovered or discovered at the instance of the applicants and all the offences are exclusively triable by the Court of learned Magistrate. It is further submitted that the entire case of the prosecution is based upon documentary evidence and all documents have been recovered and collected by the Investigating Officer during the course of investigation. It is further submitted that considering the role attributed to the applicants and the penal provisions mentioned in the Statute, the bail application preferred by the applicants may be allowed.