GAURAVKUMAR SUDARSHANKUMAR ARORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, present applicant has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R No.I? 1119400200002 of 2020 before ACB Police Station, District? Surendranagar for the offence punishable under Sections 12 , 7(a) and 13(2) of the Prevention of Corruption Act, 1988.

(2.) The brief facts are as under: That applicant has done his graduation in Bachelor of Engineering (Electronics and Communications) and is appointed as the Inspector in the office of the Central G.S.T. at Surendranagar and is serving in the said Department since the year of 2016. That a FIR is lodged by the complainant?Mr. Narendrasinh Narsansinh Lakum on 07.02.2020 alleging that he is having a shop in the name of Bhavani Trading Company, which is situated at village Chuda and another shop under the name and style of Patel Agency at Limdi and third shop is also owned by the first informant, which is in the name of his son under the name and style of Bhaani Axi Business at Borna. That first informant is selling grocery items, building materials and tobacco. That on 21.01.2020, the accused Nos.1 and 2 had visited the shop of the first informant situated at village Chuda and Borna and had inspected the shop and godown. That aforesaid accused informed the first informant that they were keeping the goods in the godown situated at Borna without their permission and, therefore, has to deposit an amount of penalty to the tune of Rs.2.50 Lakhs for the shop situated at village Borna. That in the shop situated at Chuda, it was found that GST Number was not reflected properly in the board, and therefore, it was informed that the complainant has to pay penalty of Rs.2.50 Lakhs. That in all the first informant had to pay penalty of Rs.5 Lakhs. That first informant was called with the accounts at the GST office, and therefore, first informant had visited the office of the G.S.T. on 06.02.2020 with his accountant with necessary documents. That the accused Nos.1 and 2 had talked with the first informant and it was made to understand that if any legal formalities are not to be done, first informant would pay sum of Rs.75,000/? to the accused persons on 07.02.2020. That first informant did not want to pay the amount of bribe and, therefore, lodged a complaint with the ACB Police Station, Surendranagar on 07.02.2020 bearing FIR no. C.R No.I?1119400200002 of 2020. That the applicant had to attend his friend Mr. Naraj Prasad's marriage ceremony, which was fixed on 04.02.2020. The applicant did not attend marriage ceremony, but attended the reception which was fixed on 07.02.2020. The marriage ceremony and reception was at Patna. Therefore, the applicant and his friend Mr. Kamlesh Parmar booked the ticket in Spice Jet Airlines on 01.02.2020. The applicant was to travel on 07.02.2020 by flight No.SG 954, departing from Ahmedabad at 11.50 a.m. That the applicant has attended the reception of his friend? Niravkumar Arora on 07.02.2020. That the applicant was apprehending his arrest in connection with the aforesaid FIR and, therefore, preferred an application for anticipatory bail before the learned District Judge and Special Judge (Atrocity), Surendranagar, being Criminal Misc. Application No.149 of 2020. That the co?accused Mr.Rajivkumar Raviraj and Mr.Ravi Bhavanishanker Joshi were arrested in connection with the aforesaid FIR, and therefore, they preferred application for regular bail before learned District and Sessions Judge, Surendranagar, being Criminal Misc. Application No.148 of 2020. The learned Additional District Judge and Special Judge (Atrocity) vide order dated 29.02.2020 rejected bail application qua Mr. Rajivkumar Raviraj. So far as other co? accused Mr. Ravi Bhavanishanker Joshi is concerned, learned Judge allowed bail application qua him. That, learned District Judge and Special Judge (Atrocity), Surendranagar vide order dated 29.02.2020 rejected the application preferred by the applicant under Section 438 of the Criminal Procedure Code and thus, present application has been filed by the present applicant.

(3.) Heard learned advocate for the applicant and learned APP for the respondent? State.