JAYANTIBHAI RUPABHAI GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been preferred under sec. 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with the complaint being I-C.R. No.5 of 2019 registered with Gandhinagar A.C.B. Police Station, Gandhinagar for the offences punishable under Sec. 409, 465, 468, 471 and 120B of IPC and sec. 13(1) of the Prevention of Corruption Act.

(2.) Learned advocate Mr. Kapadia for the applicant submitted that the applicant is a private Contractor. The main allegation against him in the FIR is that he had received monetary benefit from the Government Department concerned though no work was done by him. It is also alleged that the Trust in which the applicant was serving as President had also received monetary benefits without any work being done. However, it is contended that the applicant is not a "public servant" and therefore, the provisions of the P.C. Act would not be applicable to him. Insofar as the other offences are concerned, it is contended that the applicant had neither executed any work nor had raised any bills with the Government Department. Further, the main accused has been granted protection by this Court. It was, accordingly, urged to exercise discretion in favour of the applicant and enlarge him on anticipatory bail.

(3.) Heard learned advocate for the applicant and perused the material on record. In this proceeding, Affidavit has been filed by the Investigating Officer opposing the bail application. In the Affidavit, the Investigating Officer has given details regarding the irregularities alleged to have been committed by the applicant in connivance with the main accused. The applicant is alleged to have submitted bills in the names of non-existent entities. The bills are in the names of Dharti Putra Agro, Momai Earth Movers and Maruti Tedders, which, on investigation, were found to be non-existent. The applicant is also alleged to be the President of one Vraj Vihar Education and Charitable Trust; however, on investigation, it was found that no such Trust existed at the given address. The applicant is also alleged to have submitted false bills towards the purchase of engineering tools, four-wheel vehicles and solar lights.