JEMINIBEN DASARATHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Sec. 438 of the Code of Criminal Procedure, 1973, the petitioner has prayed to release her on anticipatory bail in case of her arrest in connection with the FIR registered as C.R.No.05 of 2023 registered with A.C.B Police Station, Gandhinagar for the offence punishable under sec. 7,12,13(1)(A), 13(2) of Prevention of Corruption Act and under sec. 406, 420 and 114 of Indian Penal Code.

(2.) Brief facts of the case are as under :-

(3.) Learned advocate for the petitioner submits that the petitioner has not played any active role. Victim / complainant was introduced to join Government Service as Nurse in General Hospital, Gandhinagar. In this circumstances, at the most it could be construed that the petitioner has facilitated complainant - Maulikaben and introduced her to Nainaben. Apart from that the petitioner has not played any active or passive role in commission of offence. Learned advocate for the petitioner further submitted that prior to registration of FIR, the petitioner was called by the police multiple times. She has joined inquiry and co-operated in the investigation even before registration of FIR. He would further submit that the petitioner has not demanded any gratification nor accepted bribe money and not caught red handed with bribe money. In this circumstances, offence under Prevention of Corruption Act is not made out against the petitioner. He would further submit that when no offence of Prevention of Corruption Act is made out against the petitioner, bare offence under sec. 406 and 420 of IPC remains and except that there is no other offence against the petitioner. It is submitted that at earlier point of time, the petitioner was called for voice spectrography and test of LVA by Investigating Officer. The petitioner has co-operated with the investigation and given LVA test. This prima facie prove nature and character of the petitioner. The petitioner is ready and willing to join investigation. The petitioner is permanent resident of Gandhinagar. She has no past antecedent and there is no flight risk as her entire family resides in Gandhinagar. Thus, he would submit to enlarge the petitioner on pre-arrest bail.