JESABHAI MANGABHAI SHIYAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R.No.4 of 2021 registered with A.C.B. Police Station, District Bhavnagar for the offences under Ss. 7 and 13(2) of the Prevention of Corruption Act, 1988.

(3.) It is the case of the prosecution that on 10/8/2017, the first informant was passing through Khuntwada road with the truck loaded with the sand and at that time, the applicant stopped the truck and asked for the royalty pass, which was expired hence, he asked for sum of Rs.5,000.00as an illegal gratification and also had conversation with the owner of the truck through the mobile number of the first informant and demanded the amount and as the first informant did not want to pay therefore, the trap was organized on 12/8/2017. On that day, the trap was organized by the raiding officer on receipt of the information through the driver of the truck. It is alleged that the first informant on that day had called the applicant and had subjective conversation with regard to the payment of the amount and the applicant and the first informant were about to meet at a particular point and the amount was to be handed over to the applicant but the applicant did not turn up and the amount was not accepted by him as he was not there at the decided destination as per the conversation and, therefore, the trap was registered as unsuccessful trap.