NAYANSINH NAGBHA PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed for bail in connection with the FIR being I- C.R.No.12 of 2020 registered with Palanpur ACB Police Station, District Banaskantha for the offences under Sections 7 (A), 13 (1) (A) and 13 (2) of the Prevention of Corruption Act.

(2.) Learned advocate Mr.Maulik Nanavati for Nanavati & Co. appearing for the applicant has submitted that the applicant is falsely implicated in the offence by making a concocted story and there is no evidence that the present applicant had demand an illicit amount of Rs.1.5 lakhs from one Allaudin. It is further submitted that no material is available with the investigating agency to show that any amount was accepted by the applicant as a bribe and in fact the trap, which was laid by the authorities, was unsuccessful.

(3.) Learned APP while opposing the present application has placed reliance on the report of Investigating Officer as well as the affidavit filed by him. Learned APP has submitted that there is direct evidence of the present applicant of demand of money from the complainant and initially the deal was finalized at Rs.1.5 lakhs out of which Rs.75,000/- was paid to the applicant and remaining amount was agreed to be paid in few days. However, as the complainant did not desire to give further amount, a trap was arranged on 21.07.2020 which could not succeed. Learned APP has submitted that thereafter, the complainant had approached the ACB, Palanpur and submitted that the applicant has returned the amount of Rs.70,000/- out of Rs.75,000/- to his friend Razzaq Abdulbhai and thus, the demand and acceptance by the applicant is established. It is further submitted that the demand of such money was recorded by the complainant and CD recording between him and the applicant which was tendered by the complainant to the Investigating Officer was accordingly sent to the FSL. Thus, he has submitted that the applicant is not cooperating with the investigation by giving his voice sample and the investigation reveals that the applicant is directly involved. It is further submitted that warrant under Section 70 of Code of Criminal Procedure, 1973 is also issued on 09.12.2020 and the applicant is also not found at his residence and he is an absconder. It is also submitted that the entire episode with regard to the demand of bribe money and return of money was recorded in C.D. and hence, looking to the non cooperation of the applicant, the application may not allowed.