CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 18552 of 2023
Case Title : AJAYRAJ @ VIJENDRASINH KIRODILAL MEENA Versus STATE OF GUJARAT
CORAM: Justice Hasmukh D. Suthar
Appearance
Applicant : Mr. HB CHAMPAVAT
Respondent: MS SHRUTI PATHAK
Introduction
In the current evolution, the High Court of Gujrat situated at Ahemadabad has declined the anticipatory bail to a petitioner accused of forgery and cheating in the competitive government examination for the post of clerk.
The above-mentioned case which dates back to 2014 has lifted questions about the applicant’s asserted involvement in creating forged documents and Impersonation.
Facts of the case
The Investigation papers reflect that the offence was committed in the year 2014 and the FIR and charge sheet were filed in the year 2016 however, the applicant is absconding to date i.e. since last more than 7 years.
the applicant is facing a serious charge of the offense of forgery according to which the applicant created forged documents and appeared in a competitive examination for the post of Clerk by adopting illegal means on behalf of some other person. So far the competitive examination is concerned, with misconduct, misbehavior, malpractices, and cheating.
The advocate for the applicant submitted that the present applicant is falsely enrolled in the offense and has nothing to do with the offense. Further, the applicant has not played any active role insofar as an offense of forgery in the FIR. The alleged offence took place in the year 2014 whereas the FIR was filed in the year 2016 based on a private FSL report. Further, the applicant is shown as an absconder in the charge sheet but the police have never visited the place of the present applicant. Further, the applicant is ready and willing to cooperate and join the investigation.
It is observed that as the accused remained absconder for 7 years, this is not a fit case to exercise the jurisdiction in favor of the applicant. – Justice Hasmukh D. Suthar
Analysis by the court
Seriousness of the Offense: The court highlighted the seriousness of the charges, especially in the context of malpractices in competitive examinations. Quoting a previous Supreme Court decision, it emphasized the need to curb malpractices and maintain high educational standards.
The court considers the seriousness of the charge prima facie involvement of the accused and the possibility of tempering with pieces of evidence, The court finds that it will not be proper to use discretion in favor of the applicant accordingly.
the application for anticipatory bail is dismissed.
The rule is hereby discharged.
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Written By
Kaulav Roychowdhury
