SAILESHKUMAR CHELABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State of Gujarat.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.I-8 of 2020 registered with Ahmedabad City ACB Police Station Ahmedabad for the offences under Sections 7, 12, 13(1) and 13(2) of the Prevention of Corruption (Amendment) Act, 2018.

(3.) Mr.I.H.Syed, learned Senior Advocate assisted by Mr.Prithu Parimal learned advocate appearing for the applicant, submits that almost investigation is over and formality of filing the charge sheet is remaining. It is his further submission that the bribe money is recovered from Dr.Upendra Patel, who happens to be main accused (A1). He further submits that since most of the investigation is over, there is no possibility of tampering of the evidence by the applicant. He further submits that the applicant is a doctor, who is permanent resident of Ahmedabad City and therefore, there is no possibility of his fleeing away from the justice. He submits that canteen contractor, who can be said to have been aggrieved by the alleged illegal demand for bribe has not filed any complaint. But the complaint is filed by the brother of the canteen contractor and his brother is working as a teacher in Surendranagar. He, therefore, submits that looking to the nature of allegations, evidence and the fact that investigation is over, the applicant may be enlarged on appropriate terms and conditions.