The Gujarat High Court granted anticipatory bail to the public servant who was booked for being involved in corruption case. In the FIR registered with ACB Police Station, Junagadh, the public servant has been charged Sections 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988.
The bench of Justice Samir J. Dave said, “Taking into consideration the facts of the case, nature of allegations, the gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant.”
Rutvij S Oza, the advocate on behalf of the accused, pleaded that the nature of the allegations is such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of the investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.
Monali H. Bhatt, the assistant public prosecutor on behalf of the respondent-state, opposed the anticipatory bail application quoting the nature and gravity of the offence.
The Court granted anticipatory bail to the applicant by stressing the law laid down by the Hon’ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors and the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors., as reported at (1980) 2 SCC 665.
The accused was released on bail on furnishing a personal bond of Rs10,000 with the following conditions:
- He shall cooperate with the investigation and make himself available for interrogation whenever required
- He shall remain present at the concerned Police Station for a period of one week from the date of passing of this order between 11.00 a.m. and 2.00 p.m.
- He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case to dissuade him from disclosing such facts to the court or to any police officer
- He shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police
- He shall at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change his residence till the final disposal of the case till further orders
- He shall not leave India without the permission of the Court and if having a passport shall deposit the same before the Trial Court within a week
- Investigating Officer is open to file an application for remand if he considers it proper and just, and the learned Magistrate would decide it on merits
