VIPUL MAHADEVBHAI KANOJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application, the applicant has prayed for anticipatory bail under Sec. 438 of the Code of Criminal Procedure, 1973 (' Cr.P.C .', for short) in connection with FIR being C.R.No. 2 of year 2023 registered at ACB Police Station, Ahmedabad City for the offences under Ss. 7(a) , 12 , 13(1) and 13(2) of the Prevention of Corruption Act.

(2.) As per the FIR, the present applicant is a GST Inspector (Class-III) and the complainant is serving as Commission Agent in the Scrap Firm i.e. Laxmi Enterprise.

(3.) Learned advocate Mr.Abhisst Thaker appearing for the applicant submitted that the applicant is innocent person residing with three daughters at Gandhinagar. He is government servant and he submitted that he has not done anything illegal since as per provisions of GST Act, every amount is required to be paid online and there is no scope for cash payment. He submitted that the applicant has followed each and every procedure prescribed under the Act and has been wrongly framed in the offence. He further submitted that pursuant to interim relief granted to the applicant earlier vide order dtd. 16/3/2023, he appeared before the concerned Investigating Officer on 23/3/2023 who recorded his statement. He also submitted that the further interrogation of the applicant is not required looking to his cooperation to the police authority. He further submitted that there is person named Nileshbhai who has already been arrested being middle man and there is no nexus of the present applicant with Nileshbhai and for any act committed by Nileshbhai, the present applicant cannot be held responsible.