VIPULBHAI MANSINHBHAI CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being CR No.11201001200008 of 2020 registered with CID Crime, Gandhinagar Zone Police Station for offence under Sections 409, 408, 120B and 114 of the Indian Penal Code and Sections 13(1)(A) and 13(2) of the Prevention of Corruption Act.

(2.) Learned Senior Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. It is submitted that the applicant is a well known and a reputed person and is therefore targeted as the incident for which offence has been registered is between July 2019 to October 2019, for which FIR has been registered in December 2020. It is submitted that the FIR and arrest of the applicant is only to discourage the applicant from participating in the election process of a well known District Cooperative Milk Producers' union at Mahesana.

(3.) Learned Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that the modus is writ large, not only from the allegations made in the FIR but also from the statements of the witnesses, which include employees of the dairy as well as members of the committee. It is submitted that during the course of investigation, it is revealed that in a meeting of the committee members, it was declared that the employees of Dudh Sagar Dairy, Mahesana were to receive bonus at the rate of 18% (approximately) as against usual bonus at the rate of 8.33%. Moreover, declaration of bonus was not coinsiding with Diwali festival, which is usually the period during which bonus is to be declared, but in this case, it is declared in the month of August 2019 to facilitate the applicant.