BHAYABHAI GIGABHAI SUTREJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Application is filed by the Applicant - Accused under Section 439 of the Code of Criminal Procedure for enlarging the applicant on Regular Bail in connection with FIR being I-C.R. No. 2 of 2020 registered with A.C.B. Police Station, Gandhinagar District - Gandhinagar for the offences punishable under Sections 13(1) (B) and 13(2) of the Prevention of Corruption (Amendment) Act, 2018.

(2.) Heard learned Senior Advocate Shree J. M. Panchal with learned advocate Mr. Suraj Shukla for the Applicant and learned APP Mr. Manan Mehta for the Respondent State through Video Conference.

(3.) The brief facts is that the present FIR is lodged by one Mr. R. N. Patel, Police Inspector, A.C.B., Police Station, Gandhinagar, wherein in it is alleged that on 10.07.2020, the complainant received an information from his informant that the present applicant is travelling from Jamnagar to Gandhinagar in a bus bearing registration No. GJ-3-BW-811 and he is carrying one black colour briefcase wherein, he has kept some money which he has obtained out of illegal gratification being Regional Officer (Class-1), GPCB, Jamnagar pursuant to which, the complainant along with other officers waited near Shahpur Circle for the said bus to caught the applicant red handed and when the said bus reached near the Shahpur Circle at 11:00 pm, the complainant along with other officers followed the bus and when the bus stopped near C-6 Circle, the Applicant came down out of the said bus with a briefcase in his hand and when he was going to sit in a car which was waiting there for him. He was stopped by the complainant and upon checking the briefcase, the complainant found Rs. 4,91,813/- from it and Rs. 17,800/- from his pocket totalling to Rs. 5,09,613/-. It is further alleged that upon asking regarding the source of the said money he replied by selling groundnuts and upon asking in detail, he further informed that he is also an agriculturist and is owning almost 50 Vigha's of agriculture land where he is farming Crops and upon asking about the details of person who gave him the money he said someone gave him the said money at his office and he does not want to give any answer, so the said FIR came to be lodged.