NARSINHBHAI DEVJIBHAI CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438of the Code of Criminal Procedure,1973 ('theCode'forshort),theapplicant?accused has prayed for anticipatory bail in connection with theFIR being C.R.No.I-165of 2019 registered with SarthanaPoliceStation, District Surat City, for the offence punishable under Sections 7(a)(b)(c) , 12 and 13(1) of the Prevention of Corruption Act and 384, 389, 342, 323, 506, 114, 119, 217 and 201 of the Indian Penal Code .

(2.) The brief facts as narrated in the FIR are as under:

(3.) Learned SeniorAdvocatefor the applicant submits that the FIR in question is registered by the AssistantPoliceCommissioner, 'A' Division, Surat City, against the present applicant and others. It is submitted that the complainant is not having any personal knowledge about thealleged bribe demanded by the applicant and other co?accused. It is submitted that the alleged amount of bribe was given by one Irshad Kalubhai Pathan. However, the said person has not giventhe FIR against the applicant and others.The applicant has not received any money as alleged in the FIR. It is also submitted that thereisno recoveryof amount from the concerned co?accused. At this stage, learned Senior Advocate has referred the order dated 29.05.2019 passed by this Court in the case of one Irshad Kalubhai Pathan in connection with an FIR being C.R. No.I?158 of 2019 registered against him with Sarthana Police Station. It is submitted that the said person has been enlarged on anticipatory bail by this Court in connection with offence punishable under Sections 465 , 468 , 471 , 420 , 201 , 506 and 511of the IndianPenal Code. It isalso submitted that the person, who is alleged to have given bribe, is also requiredto be arraigned as an accusedand,therefore, the statement of the said person, namely, Irshad Kalubhai Pathan,canbe considered asa statement of the co?accused.