RAMESHBHAI VALLABHBHAI GAJERA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Pranav Trivedi, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent-State.

(2.) This application has been preferred under section 438 of the Code of Criminal Procedure for anticipatory bail in connection with the first information report being I-C.R. No.11203025200588 of 2020 registered with Junagadh Taluka Police Station, Junagadh for the offences punishable under sections 409 , 465 , 467 , 468 , 471 and 120B of IPC.

(3.) Mr. Vaibhav Vyas, learned advocate for the applicant, submitted that in the year 2015 the applicant had contested the election to the Post of Sarpanch of Malakhiya Gram Panchayat, Junagadh and the applicant got elected. It was submitted that pursuant to such election, few disgruntled elements began to make frivolous applications to the authorities concerned alleging irregularities / misappropriation of funds by the applicant. It was alleged that the applicant had committed certain irregularities with respect to completion of certain works of the Gram Panchayat for the year 2017-18. It was submitted that the applicant had completed all the works and that whatever allegations would be there, could be considered as procedural irregularities. To substantiate his say, learned advocate Mr. Vyas produced on record copies of the 'rojnama' showing the completion of relevant works undertaken by the applicant along with other relevant papers. It was further submitted that there is no allegation of any misappropriation of funds by the applicant. It was, therefore, prayed that discretion may be exercised in favour of the applicant.