(1.) At the outset the learned advocate for the applicants states that he does not press this application for applicant no.2-Dahyabhai Kohyabhai Patel and requests to withdraw his name from the array of the applicants. Permitted to withdraw as such. The application is dismissed as withdrawn qua applicant no.2 and is considered only qua the sole applicant, namely, Rajendrabhai Kanubhai Prajapati. Rule is discharged qua applicant no.2.
(2.) This application is filed by the applicant under section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in the event of his arrest in connection with FIR registered at C.R.No. I-36 of 2017 registered with Lunawada Police Station for the offence punishable under sections 379, 120B, 201, 409, 114 and 36 of the Indian Penal Code read with sections 66, 66E and 72 of the Information Technology Act, 2002 and section 43 of the Gujarat Higher Secondary Education Act, 1972.
(3.) The learned advocate appearing on behalf of the applicant would submit that considering the nature of offence, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.