RAMESHBHAI LAXMANBHAI TALAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the applicant under section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.I- 36 of 2017 with Lunavada Police Station, Mahisagar for the offence punishable under Sections 397,120B, 201, 409, 114 and 36 of the Indian Penal Code, 1860 Sections 66, 66(E) and 72 of I.T. Act and Section 43 of Gujarat Secondary Education Act.

(2.) Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

(3.) On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. Learned APP strongly opposed the grant of bail on the ground that applicant is the main person who was responsible for circulating the question paper. During the course of investigation itself, it is found that the laptop which was discovered on behest of the co-accused persons, 179 images of question papers were found and therefore, the evidence investigated did not limit to question paper of one subject only. He refers to deposition of one independent witness-Dharmesh Vadilal Panchal under Section of 164 of Cr.PC.