THAKKAR BHARATBHAI RAGHAVJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule forand on behalf of respondent - State.

(2.) By way of present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for anticipatory bail in connection with the FIR being C. R.No.11993004200550 of 2020 registered with Bhachau Police Station, Gandhidham - Kachchh (East)for the offence punishable under Sections 379 , 114 of the IPC, Sections 4(1), 4(1)A, 21(1) ofthe Mines and Minerals (Regulation and Development) Act , 1957,Section 3 of the Gujarat Mineral (Prevention of Illegal Mining,Transportation and Storage) Rules.

(3.) Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation a tthis stage is not necessary. He further submits that the applicant is not named in the FIR and he has no criminal antecedents. He further submits that the applicant is owner of one of the dumpers and the dumper was used by the driver without his knowledge for the illegal activity. He further submits that two dumpers owners are released on anticipatory bail by the coordinate bench of this Court. He further submits that the applicant will keep himself available during the course of investigation, trial also and will not flee from justice.