KAPIL RASIKBHAI JETHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP Ms.Moxa Thakkar for the respondent State waives service of notice of Rule.

(2.) The present applicant Kapil Rasikbhai Jethwa - accused No.4 has preferred the present application under Section 439 of Cr. P.C., seeking his release on bail in connection with the FIR being I-?C.R. No.2 of 2020 registered with the ACB Police Station, Navsari for the offence punishable under Section 7A and Section12 of the Prevention of Corruption Act, 1988.

(3.) It appears that the said FIR has been registered against the accused (1)Yaspaldan Gadhvi, Mamlatdar, (2)Shailesh Rabari, Circle Inspector, (3)Sanjay Desai, Nayak Mamlatdar and (4)the present applicant Kapil Rasikbhai Jethwa, Clerk in respect of the trap proceedings conducted by the officers of the ACB on 25.5.2020, on the secret information received from the Informant Jagdamba Prasad Parameshwar Mishra, alleging inter alia that the accused No.1 Yaspaldan Gadhvi and the accused No.2 Shailesh Rabari had illegally intercepted and detained his truck on 20.05.2020 and had demanded illegal gratification for the release of the said truck. On the basis of the said information, the trap was laid. As per the recorded conversation made with the said two accused by the traping officers, an illegal gratification was allegedly received by them worth Rs.90,000/-?. As further alleged, the envelope containing the said amount after receipt of the same by the accused Shailesh Rabari and Sanjay Desai, at the instance of the accused Gadhvi, it was handed over by the accused Sanjay Desai, to the present applicant for keeping the same in his car. Hence, the FIR was registered against all the four accused.