Title: Ajayraj @ Vijendrasinh Kirodilal Meena v. State of Gujarat
Decided on: 03 November, 2023
+ CRIMINAL MISC. APPLICATION (FOR ANTICIPATORY BAIL) NO. 18552 OF 2023
CORAM: HON’BLE Justice Hasmukh D. Suthar
Introduction
An accused cheater in a competitive exam and forger has been denied anticipatory bail by the Gujarat High Court in Ahmedabad. Concerns were raised in the 2014 case over the applicant’s purported involvement in forging documents and impersonation.
Facts of the Case
The FIR was filed in an undisclosed year (2016) based on a private FSL report, even though the claimed offense occurred in the year 2014. Additionally, the charge sheet lists the applicant as an absconder, despite the fact that the police have never been to the applicant’s residence. Additionally, the applicant is prepared and eager to assist with the investigation. Furthermore, he asked for permission to approve the current application because no information needs to be retrieved or found out from the applicant, and no custodial questioning is necessary at this time.
Courts analysis and decision
A man accused of cheating in a clerk test was denied anticipatory release by the Gujarat High Court, which emphasized the need to punish malpractices severely in order to safeguard honest candidates and preserve the integrity of competitive exams. The Criminal Procedure Code (CrPC), specifically Section 438, which addresses anticipatory bail, is the legal provision that is impliedly mentioned. The court emphasized how crucial it is to protect competitive exam integrity, pointing out the harm that dishonesty causes to earnest applicants. It rejected anticipatory bail and emphasized the accused’s active participation in a premeditated offense that affected larger social interests. This served to explain the need for custodial interrogation.
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Written by- Hargunn Kaur Makhija
