MITESHKUMAR CHHOTUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.11199035200119 of 2020 registered with Dahej Marine Police Station, District : Bharuch for the offences under Sections 304, 337, 338, 285, 286, 287, 427 and 114 etc. of the Indian Penal Code.

(2.) Mr. Zubin Bharda, learned advocate appearing for the applicant, submits that investigation is over and charge sheet is filed. He further submits that the applicant is an employee of the Yashsvi Rasayan Pvt. Ltd. He submits that two tankers containing Nitric Acid (NA) and DMS came to the factory in the morning, however, there was human error and tanker of NA was unloaded in tank of DMS and tanker of DMS was unloaded in the tank of NA and therefore, as a result of mixture of NA and DMS, a blast occurred in the factory premises. He further submits that similar situated co-accused person is released on regular bail by the Co-ordinate Bench of this Court. It is his submission that the role attributed to the present applicant and the accused, who is released on bail, is similar. He further submits that the applicant has no criminal antecedents of any nature. It is his further submission that victims and surrounding villagers are sufficiently compensated under the order passed by the National Green Tribunal (NGT). He, therefore, submits that considering the nature of the offence, the applicant may be enlarged on appropriate terms and conditions.

(3.) Mr. Hardik Soni, learned Additional Public Prosecutor appearing on behalf of the respondent-State, has opposed grant of regular bail. He submits that the role of the applicant is not comparable with the role of the co-accused person, who is released on bail by the Coordinate Bench of this Court. It is his further submission that on account of negligence on the part of applicant and 11 employees of the company have lost their lives and 77 employees have suffered injuries. It his further submission that because of negligently mixing of two chemicals in the tank, this incident had occurred and therefore, looking to the gravity of the offence, the applicant may not be released on bail. However, she submits that if the Court is inclined to release the applicant on bail, reasons may not be assigned on the merits of the case.