Point of Law: Illegal Gratification – Enlargement of Regular Bail - As public servants cannot be prosecuted in this mater, registration of the FIR by the Anti Corruption Bureau against private individuals i.e. applicants also totally illegal and amounts to a gross abuse of process of law

JUDGMENT :

1. This Application is filed by the Applicant – Accused under Section 439 of the Code of Criminal Procedure for enlarging the applicant on Regular Bail in connection with FIR being I-C.R. No. 2 of 2020 registered with A.C.B. Police Station, Gandhinagar District - Gandhinagar for the offences punishable under Sections 13(1) (B) and 13(2) of the Prevention of Corruption (Amendment) Act, 2018.

2. Heard learned Senior Advocate Shree J. M. Panchal with learned advocate Mr. Suraj Shukla for the Applicant and learned APP Mr. Manan Mehta for the Respondent State through Video Conference.

Factual Matrix of the Case:

3. The brief facts is that the present FIR is lodged by one Mr. R. N. Patel, Police Inspector, A.C.B., Police Station, Gandhinagar, wherein in it is alleged that on 10.07.2020, the complainant received an information from his informant that the present applicant is travelling from Jamnagar to Gandhinagar in a bus bearing registration No. GJ-3-BW-811 and he is carrying one black colour briefcase wherein, he has kept some money which he has obtained out of illegal gratification being Regional Officer (Class- 1), GPCB, Jamnagar pursuant to which, the complainant along with other officers waited near Shahpur Circle for the said bus to caught the applicant red handed and when the said bus reached near the Shahpur Circle at 11:00 pm, the complainant along with other officers followed the bus and when the bus stopped near C- 6 Circle, the Applicant came down out of the said bus with a briefcase in his hand and when he was going to sit in a car which was waiting there for him. He was stopped by the complainant and upon checking the briefcase, the complainant found Rs. 4,91,813/- from it and Rs. 17,800/- from his pocket totalling to Rs. 5,09,613/-. It is further alleged that upon asking regarding the source of the said money he replied by selling groundnuts and upon asking in detail, he further informed that he is also an agriculturist and is owning almost 50 Vigha’s of agriculture land where he is farming Crops and upon asking about the details of person who gave him the money he said someone gave him the said money at his office and he does not want to give any answer, so the said FIR came to be lodged.

Submission of the Parties

4. Learned Senior Advocate Shree J. M. Panchal vehemently and fervently argued that in the present case chargesheet is filed. As per the allegations levelled in the FIR and other papers that the present applicant for the Applicant/Accused has submitted that in the present case on 10.07.2020, the complainant received an information from his informant that the present applicant is travelling from Jamnagar to Gandhinagar in a bus bearing registration No. GJ-3-BW-811 and he is carrying one black colour briefcase wherein, he has kept some money which he has obtained out of illegal gratification being Regional Officer (Class-1), GPCB, Jamnagar pursuant to which, the complainant along with other officers waited near Shahpur Circle for the said bus to caught the applicant red handed and when the said bus reached near the Shahpur Circle at 11:00 pm, the complainant along with other officers followed the bus and when the bus stopped near C-6 Circle, the Applicant came down out of the said bus with a briefcase in his hand and when he was going to sit in a car which was waiting there for him. He was stopped by the complainant and upon checking the briefcase, the complainant found Rs. 4,91,813/- from it and Rs. 17,800/- from his pocket totalling to Rs. 5,09,613/-. Further second allegation is that the gold articles are also seized and third allegations is that while opening the Bank Locker of SBI the Case of Rs. 55 lacs was also found this is the allegation made at Page 99 and for which separate allegations is given that it was ‘death Assets’. Further as per the statement of witnesses applicant has more than 2