LAWS(GJH)-2020-7-59

MANISHKUMAR BABUBHAI MISTRY Vs. STATE OF GUJARAT

Decided On July 30, 2020
Manishkumar Babubhai Mistry Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Present application is filed under Section 438 of the Code of Criminal Procedure seeking Anticipatory Bail as the applicant is apprehending arrest in connection F.I.R. bearing I-C.R.No.01 of 2020 registered with ACB Rural Police Station, Bharuch for the alleged offences punishable under Sections 7(a), 7A and 12 of the Prevention of Corruption Act.

(2.) Heard, learned advocate for the applicant as well as learned Additional Public Prosecutor Mr.Ronak Raval.

(3.) Mr.Nisarg Jain, learned advocate for the applicant, has submitted that the applicant is an innocent person and has wrongly been arraigned in the prosecution. It has further been submitted that the applicant is serving in the police department by-now for more than a period of 24 years and there is not a single criminal complaint is lodged against the applicant, in past. It has been submitted that if anticipatory bail is not granted, his entire long standing career would be at jeopardy. On the contrary, the incident in question has happened on 15.2.2020, wherein the complainant was coming from a wrong side and caused the incident and the amount which has been mentioned in the complaint was related to the damage to the car and it has nothing to do with an incident as narrated in the FIR. Learned advocate has pointed out that in fact, certain bills about repairs are attached to the application and has submitted that the applicant is an innocent person. Apart from that, it has been submitted that looking to his entire long career, a protection be made available, otherwise there will be serious consequences in his service career and the applicant is ready and willing to present himself as and when require and will also cooperate with the investigation and report the concerned police station.