BHUPATSINH ABHESINH PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered at C.R. No. I- 02 of 2017 with Godhra ACB Police Station, Dist.: Panchmahals for the offence punishable under Sections 7 , 12 , 13(1)(a) , 13(2) and 15 of Prevention of Corruption Act.

(2.) Learned advocate for the applicant submits that the applicant is a government servant and has roots in the society. Besides, the allegations levelled against the present applicant are under the Prevention of Corruption Act and as per settled position of law, demand and acceptance of illegal gratification should be proved beyond reasonable doubt, which, prima facie, are not proved in the case on hand. In support, the learned advocate for the applicant has relied upon a decision of the Hon'ble Apex Court in the case of Krishan Chander Vs. State of Delhi, reported in (2016) 3 SCC 108. Besides, the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail. 2.1 The learned advocate for the applicant, on instructions, states that the applicant will abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant accused to oppose such application on merits may be kept open.

(3.) The learned Additional Public Prosecutor opposes the present application and submits that looking to the nature and gravity of offence, present application may be dismissed.