MILAP PRAVINKUMAR CHANDULAL AKHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

(2.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with C.R. No. 01 of 2024 registered with the ACB Police Station, District Patan for the offence punishable under Ss. 7, 7-a, 12, 13(1)(a) and 13(2) of the Prevention of Corruption Act.

(3.) Learned advocate Mr. Majmudar appearing on behalf of the applicant has submitted that so called incident has occurred on 11/1/2024 and on the same day the FIR was registered and the applicant was arrested on 11/1/2024 and since then, he is in judicial custody. Learned advocate for the applicant also submitted that so far as the role of the present applicant is concerned, he has introduced the complainant with the main accused, except this, no other role is attributed to the present applicant at the time of commission of offence. Learned advocate submitted that there is no recovery or discovery at the instance of the present applicant and during the course of raid, the members of the raiding party have recovered currency notes from the custody of the main accused, the conversation made between the complainant and the main accused has been recorded in the electronic device by the members of the raiding party, wherein involvement of the present applicant is not found. It is also submitted that considering the penal provisions mentioned in the statute, the present applicant may be enlarged on regular bail by imposing suitable terms and conditions.