IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE ANTICIPATORY BAIL) NO. 8236 of 2023 ==========================================================

GALABHAI JERAMBHAI RATHOD Versus STATE OF GUJARAT ==========================================================

Appearance:

MR P.R NANAVATI with MR DWIJEN JOSHI(8518) for the Applicant(s) No. 1 MR UTKARSH SHARMA APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA Date : 10/04/2026

ORAL ORDER

[1] Heard learned advocates appearing for the respective parties.

[2] RULE. Learned Additional Public Prosecutor waives service of notice of rule for and on behalf of respondent – State.

[3] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 (for short ‘CrPC’), the applicant-accused has prayed for successive anticipatory bail in connection with the FIR being registered as C.R. No. 11194013210006 of 2021 with Ahmedabad Rural A.C.B Police Station, District Ahmedabad for the offences under Sections 12,13(1)(A) & 13(2) of the Prevention of Corruption Act, 1988.

[4] Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation of the applicant at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, as well as trial also and will not flee from justice. He further submits that the as per the contents of the FIR, the present applicant in connivance with Mamtaben- Talati cum Mantri serving at Chachravadi Vasna Gram Panchayat, Ta.

Sanad, District Ahmedabad along with accused no.2- Rekhaben Vasana being Sarpanch, had misappropriated the funds meant for Chachravadi Vasna Gram Panchayat in the year 2018. It is alleged that the accused no.1- Mamtaben and accused no.2- Rekhaben Vasana had made payments to the present applicant accused and he received the payments and inspite of not giving the bills and not having the work done for which the funds were to be utilised and thus have together misappropriated the fund amounting to Rs.33,50,000/-.

[4.1] Learned advocate appearing for the applicant has further submitted that the other accused namely Rekhaben has already been granted bail by the Court below, whereas accused Mamtaben – Talati cum Mantri is protected by this Cldourt vide order dated 17.01.2022 passed in Special Criminal Application No. 373 of 2022. It is also submitted that the warrant of arrest under Section 70 of the CrPC, issued against the present applicant is also set aside by the Court below by the Special Judge by observing that the investigating officer does not intend to further proceed with the application. Further, on merits it is submitted that the present applicant is not involved in misappropriation of the funds and the same has been done by the other persons and the complaint has been registered against one Karsanbhai Chauhan for offences punishable under Prevention of Corruption Act,1988, by the same police station, thereafter, the charge-sheet the case has been registered aginst him. Thus, it is urged that the present applicant may be granted successive anticipatory bail.

[5] Learned advocate for the applicant, on instructions, states that the applicant is ready and willing to abide by all the conditions, including imposition of conditions with regard to powers of investigating agency to file an application before the competent Court for his remand. He further submits that upon filing of such application by the investigating agency, the right of the applicant accused to oppose such application on merits may be kept open. Learned advocate, therefore, submits that considering the above facts, the applicant may be granted bail.

[6] On the other hand, the learned Additional Public Prosecutor appearing on behalf of the respondent– State has opposed grant of bail looking to the nature and gravity of the offence. It is sub