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2021 Supreme(Guj) 671

B.N.KARIA
ANILKUMAR BHARATBHAI KATARA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant : MR. BHAUMIK DHOLARIYA
For the Respondent: MR. MANAN MEHTA

JUDGMENT :

1. By way of the present application under Section 439 of the Code of Criminal Procedure, 1973, applicant has prayed to release him on regular bail in connection with the FIR registered being I-C.R No.11821008200746 of 2020 before Dahod Rural Police Station, District: Dahod for the offence punishable under Sections 406, 420, r/w. 120B of IPC and Section 66(d) of I.T.Act as well as Sections 13(1)(a) and 13(2) of Prevention of Corruption Act, 1988.

2. Learned advocate for the applicant has submitted in his arguments that applicant is not a Government servant/public servant and there is no allegations or iota of evidence that the applicant has taken any pecuniary benefit from the amount which was directly disbursed to the farmers. It is further submitted that no offence punishable under Section 13(1)(a) and 13(2) of the Prevention of Corruption Act, 1988 is established by the prosecution. That, while implementing PM Kisan Yojna, the amount of relief could only be credited to the accounts of farmers after scrutiny and sanction from the Taluka and District Level, Government Officials. That, in order to shield the Government Officials, the applicant and co-accused are made scape

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