JUDGMENT :

DIVYESH A. JOSHI, J.

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent-State.

2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the FIR being C.R. No. 11201017230006 of 2023 registered with the CID Crime Boarder Zone Police Station, District Kachchh-Bhuj (West) of the offence punishable under Sections 409, 217, 120B, 114 of the Indian Penal Code and Section 7(c) of the Prevention of Corruption Act.

3. Briefly stated the allegations levelled in the FIR are that the complainant, namely, Kalpnaben Sursinh Godiya, Mamlatdar, Bhuj (City), District Kachchh, being authorized by the Office of the Collector & District Magistrate, Bhuj, has filed the present complaint pursuant to the illegalities committed by the then Collector, Kachchh-Bhuj while granting N.A. Permission in respect of the parcel of land admeasuring 1 Acre 38 Gunths, out of the total area of the land admeasuring 5 Acre 38 Gunthas of Survey No. 709, Government Tra. Survey No. 870 situated at Moje Bhuj City, Taluka: Bhuj alleging that the applicant-Shri Pradipkumar Nirankarnath Sharma, a retired I.A.S. who had worked as the Collector & District Magistrate, Bhuj from the period between 02.05.2003 and 03.06.2006 and was the custodian of the land in question bearing Government Tra. Survey No. 870, admeasuring Acre 1 Gunthas 38, situated at Moje Bhuj City, Taluka: Bhuj has, in connivance with the other co-accused, just with a view to get some undue monetary benefit, performed its duties dishonestly and allotted the government vest land in favour of the other co-accused in a less price compared to its actual value by making illegal conversation of the land from non-agricultural to residential and thereby committed criminal breach of trust to the Government by misusing his powers in an illegal and arbitrary manner which has caused a loss of crores of rupees to the Government exchequer. Hence, the present FIR.

4. Learned advocate Mr. R.J. Goswami assisted by learned advocate Mr. H.B. Champavat appearing for the applicant has submitted that pursuant to the registration of the FIR, the applicant-accused was arrested on 21.09.2023 and is lying in the judicial custody since then. Learned advocate Mr. Goswami has also submitted that now the investigation has been completed and charge-sheet has also been filed. It is moreso submitted that as per the case of the prosecution, the so called incident occurred during the period between 05.11.2003 and 15.03.2005, for which, the first information report came to be lodged on 21.09.2023 and, therefore, there is a gross unexplained delay of more than 19 years in registering the FIR. Learned advocate Mr. Goswami further submits that the FIR was filed against total three persons wherein the applicant-accused has been shown as accused No. 1. He would further submit that the accused No. 3, who is the real beneficiary in the entire episode, has already been enlarged on bail by this very Court and, therefore, the applicant-accused is also entitled to be released on bail on the ground of parity. Learned advocate Mr. Goswami further submits that the applicant-accused was a public servant holding the post of Collector at the relevant point of time and while discharging his duties, the applicant-accused had cleared certain files after following all necessary and requisite procedures as per the law, however, now after a period of almost almost 19 years, the prosecuting agency has come with a case that the applicant-accused had committed grave illegality in processing the file of the co-accused which is contrary to the various norms and circulars issued by the State Government from time to time which the applicant-accused had done in his official capacity as the employee of the Government, which has never been objected and challenged by any of the government authorities since this many years. He would further s