DILIPBHAI KIRITBHAI MER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP waives service of notice of Rule on behalf of the respondent - State.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.1198068230274 of 2023 registered with Bharatnagar Police Station, District Bhavnagar for the offences punishable under Ss. 406, 419 , 420, 465, 467, 468, 471 and 120B of the Indian Penal Code, 1860 and under Sec. 66-D of the Information Technology (Amendment) Act, 2008 and under Ss. 12(1), 12(3), 12(4) of the Gujarat Public Examination (Prevention of Unfair Means) Act, 2023.

(3.) Learned advocate Mr. Devansh Kakkad for the applicant submitted that present applicant is falsely enroped in the offence. Even if the allegation is accepted on the face of it then also the only role attributed to the present applicant is that applicant appeared in the government computer examination. The accused persons named in the FIR hatched the conspiracy and forged the documents and manipulated photographs of various students. Hence, no active participation by the present applicant and further, mother of the applicant is ill and hence, has requested to allow the present application.