HARESHBHAI SARDARBHAI CHAUDHARI Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.4 of 2023 registered with ACB Police Station, District : Chhotaudaipur for the offences punishable under Ss. 7(a), 13(2) read with Sec. 13(1) of the Prevention of Corruption Act, 1988.

(3.) Learned advocate Mr.Sharma has submitted that applicant is not connected in any manner with the offence. He is personally enroped in the offence as the accused has already sanctioned the bill prior to making th the complaint. The alleged complaint has filed on 10/4/2023, while accused has processed the bill of th accused persons on 17/3/2023. The second bill is nd processed on 2/3/2023. The accused has nothing to do with the bill. The sanctioning authority of bill is Executive Engineer, R & B Division, Chhotaudaipur. Though, in the complaint, name of Ramabhai Prajapati, Assistant Engineer is mentioned but till date he has not arrested, In this regard, the applicant has made the representation, not only that under Sec. 8, the complainant is required to be arrested as he has offered the amount of bribe. It is submitted that as the offence is not punishable by life or death, hence, he requested to allow the present application as applicant is a government servant and there is no possibility to flee away from justice. It is submitted that applicant is reputed person in the society and he is sole bread winner of his family. Hence, the learned advocate for the applicant has requested to allow the present applicaton.