ORDER :

1. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.I2 of 2020 with NAVSARI ACB POLICE STATION, DISTRICTNAVSARI, for the offence punishable under Sections 7(a), 12 of Prevention of Corruption Act.

2. Learned Senior Advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

3. Learned Senior Advocate for the applicant submitted that the application is filed in view of the liberty reserved by the Hon'ble Apex Court in order dated 05-10-2020 in Special Leave to Appeal (Criminal Misc. Application No.4587 of 2020) to renew the bail application after framing of the charges. Accordingly, as the charges have been framed on 16062021, present application under Section 439 of the Code of Criminal Procedure, 1973 for regular bail is filed.

4. Learned Senior Advocate for the applicant submitted that though the previous bail application of the applicant was rejected on merits by this Court in the order dated 07-09-2020 in Criminal Misc. Application No.10991 of 2020. Against which Special Leave to Appeal was dismissed. However, considering the liberty reserved by the Hon'ble Apex Court, it is apparent that Hon'ble Apex Court did not desire that the applicant to continue to be in judicial custody till completion of the trial. Hence, only the liberty was reserved.

5. Learned Senior Advocate for the applicant submitted that on merits considering the maximum sentence that can be passed, case of the applicant deserves consideration. It is also submitted that all the co-accused of the offence have been enlarged on regular bail by this Court by various orders. He refers to the order dated 26-06-2020 passed in Criminal Misc. Application No.8326 of 2020 in case of co-accused– Shaileshbhai Amratbhai Rabari, the order dated 12-10-2020 passed in Criminal Misc. Application No.11527 of 2020 in case of Sanjaybhai Ishwarbhai Desai and also order dated 13-07-2020 passed in Criminal Misc. Application No.8414 of 2020 in case of Kapil Rasikbhai Jethva. It is submitted that the applicant is young man of 27 years and considering the maximum punishment and amended provision of Section 41 of Cr.P.C, the applicant need not to be continued in custody any more.

6. It is submitted that during the running trap, it was co-accused who was found with the smear currency notes and trap qua such co-accused was successful, but the co-accused has been enlarged on regular bail. The applicant whose role is that co-accused have acted at behest of the applicant and therefore, accepted the currency notes on behalf of the present applicant. Therefore, the applicant is arraigned as accused in his capacity being Superior Officer to the co-accused who had allegedly accepted the bribe and was then in possession of smeared currency notes. It is submitted that trial is likely to be prolonged and therefore, the applicant may not be treated as the convict and be further incarcerated.

7. On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.

8. Learned Additional Public Prosecutor also submitted that the applicant who was posted as Mamlatdar, his conduct was deplorable and therefore, requires to be noted. It is submitted that the applicant has used his official capacity to harass the law abiding business man. It is submitted that in the offence, the truck vehicle belonging to the complainant used for transporting the sand, though had all the necessary permits, were not only seized on one occasion, but as the complainant did not fulfill the illegal demand by the applicant, the applicant proceeded to seize another truck also though later on it was found with regards to the plying of the truck, no illegality was found and no case of breach of any pro