Yogesh Devjibhai Parmar vs State Of Gujarat

Divyesh A. Joshi, J

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

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with C.R. No. 07 of 2023 registered with the ACB Police Station, District Vadodara for the offence punishable under Sections 7(a), 13(1)(a) and 13(2) of the Prevention of Corruption Act.

Learned advocate Mr. Majmudar assisted by learned advocate Mr. Giglani, who appears for the applicant has submitted that the so called incident has occurred on 12.11.2023, for which, FIR was registered on 13.11.2023 and in connection with the same, the applicant was arrested on 13.11.2023 and since then he is in judicial custody. It is also submitted that the investigation is already completed and the present application is filed after submission of the charge-sheet. Learned advocate submits that the applicant was working as a Computer Operator in Vadodara Municipal Corporation. It is alleged that the applicant has accepted the amount laying on his table. Learned advocate, however, submitted that in fact, the applicant has not made any demand from the complainant and because of registration of the FIR, the applicant was suspended by the head of the department and, thereafter, departmental inquiry is initiated against him by filing charge sheet and thus, the applicant is sufficiently punished. It is, therefore, urged that considering the above factual aspects as also considering incarceration period spent by the applicant in jail as also considering the penal provisions mentioned in the statute, the present applicant may be enlarged on regular bail by imposing suitable terms and conditions.

Learned APP appearing on behalf of the respondent-State has opposed the present bail application. It is submitted that the role of the present applicant is clearly spelt out from the body of the compilation of the charge sheet papers. It is also submitted that entire act of accepting the money has been recorded in the electronic device by the members of the raiding party. Considering the role attributed by the present applicant, the present application may not be considered.

Learned advocate Mr. Champavat for learned advocate Mr. R.J. Goswami for the original complainant submits that involvement of the present applicant is crystallized from the police papers and the entire act of accepting the money has been recorded in the electronic device by the members of the raiding party. Considering the role attributed by the present applicant, the application of the present applicant may not be entertained.

I have perused the police papers as well as documents produced by the applicant along with the memo of the application. It is found out from the record that the applicant is jail since 13.11.2023. The investigation is already completed and the present application is filed after submission of the charge-sheet. All the offences are exclusively triable by the court of learned Magistrate. Considering the role attributed by the present applicant at the time of commission offence, I am inclined to exercise the discretion in favour of the applicant.

This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40 as well as in case of Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022)10 SCC 51.

In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with C.R. No. 07 of 2023 registered with the ACB Police Station, District Vadodara, on executing a personal bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall;

[a] not take undue advantage of liberty or misuse liberty;

[b] not act in a manner injuries to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

[e] mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of six months between 11:00 a.m. to 2:00 p.m.;

[f] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;

The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.

At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail.

The present application stands allowed accordingly. Rule made absolute to the aforesaid extent.

Direct service is permitted.