MANOJBHAI DAMRABHAI KUMBHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No.I-01 of 2024 registered with the Patan ACB Police Station, Patan, for the offence punishable under Ss. 7, 7(A), 12, 13(1)(A) and 13(2) of the Prevention of Corruption Act, 1988.

(2.) Learned advocate appearing on behalf of the applicant submits that the present application is preferred after submission of charge-sheet. Learned advocate submitted that the so-called incident has taken place on 10/1/2024, for which the FIR has been lodged on 11/1/2024. It is submitted that the applicant ' accused has been arrested on 11/1/2024 and since then, he is in judicial custody. Learned advocate for the applicant has also submitted that the investigation has already been completed and charge-sheet has also been filed. Learned advocate submitted that so far as the ole attributed to the present applicant is concerned, it is alleged that he has introduced the complainant with the main accused and except this, there is no other role attributed to him. Learned advocate submitted that identically situated co-accused has been considered by this Court. Learned advocate submits that there is no recovery pending at the instance of the applicant ' accused at this juncture. Thus, considering the role attributed to the applicant and considering the nature of the offence and considering the penal provisions mentioned the statute by imposing certain condition, the applicant may be enlarged on regular bail by imposing suitable conditions.

(3.) Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. It is submitted that specific role of the present applicant is clearly spelt out from the papers of charge-sheet. Considering the role attributed, at the time of commission of offence, the present application may not be entertained.