CHETAK YOGESHKUMAR BAROT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Shri Prakash Jani, learned Senior Advocate assisted by Shri Keyur Vyas, learned counsel for the applicant and Shri Mitesh Amin, learned Public Prosecutor for the respondent-State by video conferencing.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant - original accused has prayed to release him on anticipatory bail in case of his arrest in connection with C.R.No.I-1 of 2020 registered with Mehsana ACB Police Station for the offences punishable under Sections 7 , 12 , 13(1)(A) and 13(2) of the Prevention of Corruption Act, 1988.

(3.) Learned Senior Advocate submits that the applicant who is Inspector in Gujarat Police had neither receive the alleged initial amount nor was involved in receiving the alleged second installment for which the Anti-Corruption Branch set up a trap and arrested the co-accused. It is only on the bald allegation made by the complainant that the applicant has been roped in. It is further submitted that the complainant himself is a habitual offender and an established bootlegger and there are almost dozen cases registered against him. He further submits that the applicant would extent all cooperation in the investigation and also submits that the FIR was dated 14.01.2020, but till date the charge-sheet has not been submitted. The applicant has a clean record and has no antecedents and as such deserves to be extended protection during investigation. In view of the above, the applicant may be granted anticipatory bail. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open.