Akshaykumar Vinodkumar Patel vs State Of Gujarat

Rajendra M. Sareen, J

This is an application filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being C.R.

No.11209041211735 of 2021 registered with Prantij Police Station, Sabarkantha for offences punishable under Sections 406, 409, 420 & 120(B) of

IPC.

Mr. Chudasama, learned advocate for the applicant submitted that name of the present applicant is not there in the FIR and he is arrested on the

basis of the statement of the co-accused. It is submitted that the present applicant is working in UGVCL. The allegation against the present applicant

is that he has procured the question papers for his friend Dhimant. It is submitted that the present applicant or any family members have not appeared

for the Head Clerk examination. No recovery or discovery has been made from the presnt applicant. There are no antecedents of the present accused

â€" applicant. The co-accused having similar nature of role has been released by the co-ordinate bench of this Court. As such it is prayed that the

present application may be allowed and the applicant herein may be released on regular bail.

Mr. Kodekar, learned APP for the respondent â€" State submitted that it is a huge scam of examination paper leak and many of the persons

involved in the same. It is also submitted that the accused â€" applicant is equally responsible for the illegal, act and his act is affecting the society and

as such considering the seriousness and gravity of offence no discretion may be exercised in favour of the applicant.

Having heard learned advocates on both the sides and perused the material on record it appears that written examination for the posts of 186 Head

Clerks, Class-III was held at the different centers of the State in December 12, 2021, which was through the Department of GSSSB and about 88,000

candidates appeared in the examination. The investigation is substantially over and the trial may took its own time to conclude. There are no

antecedents of the present applicant. The co-accused are also released on bail. The only question is regarding the procurement of the question papers,

taking into consideration, the investigation against the present applicant is over and the trial may take its own time to conclude, this Court finds this to

be a fit case where discretion could be exercised in favour of the applicant.

This Court has also taken into consideration the law laid down by the Apex Court in the case of Sanjay Chandra versus Central Bureau

Investigation, reported in (2012) 1 SCC 40.

This Court has considered the following aspects:

(i) The applicant not named in the FIR;

(ii) The FIR is lodged on 17th December, 2021 for the offence alleged to have occurred on 10th December, 2021;

(iii) The applicant is in jail since 26st December, 2021;

(iv) The substantive investigation having been over;

(v) The applicant has been arraigned on the basis of statement of co-accused;

(vi) The applicant is local resident, not likely to flee away;

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with the complaint being C.R.

No.11209041211735 of 2021 registered with Prantij Police Station, Sabarkantha on executing personal bond of Rs.15,000/- (Rupees Fifteen Thousand

only) and one surety of the like amount by the applicant to the satisfaction of the trial Court and subject to the conditions that he shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injurious to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

[e] mark presence before the nearest Police Station once between 1st and 5th day of every English calendar month for a period of six months.;

[f] furnish latest and permanent address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall

not change the residence without prior permission of this Court.

The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the applicant only if he is not required in

connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free

to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case.

Rule is made absolute to the aforesaid extent. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

Direct service is permitted.