MOHANBHAI TULSHIBHAI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present application is filed under Section 438 of the Code of Criminal Procedure seeking Anticipatory Bail as the applicant is apprehending arrest in connection F.I.R. bearing I-C.R.No.176 of 2019 registered with Narol Police Station, Ahmedabad for the alleged offences punishable under Sections 379 and 114 of the IPC, Rule 3(12) and 21 of the Gujarat Mineral (Prevention of Illegal Mining Transportation and Storage) Rules, 2017 as well as Section 4(1) , 4(1)(A) and 21 of the Mines and Minerals (Regulation & Development) Act , 1957.

(2.) Heard, learned advocate for the applicant as well as learned Additional Public Prosecutor Mr.J.K.Shah.

(3.) Mr.D.K.Trivedi, learned advocate for the applicant, has submitted that the applicant is an innocent person and has wrongly been arraigned in the prosecution. Learned advocate has further submitted that present applicant irrespective of any allegation in the FIR, is aged about more than 85 years by-now and is not keeping good health. Considering this age factor, the Court may kindly consider the request as he is ready and willing to abide by any of the condition which this Court deems it proper to impose. Additionally, it has been submitted that the applicant is not having any criminal antecedent and the applicant being an old man if allowed to languish in jail in this pandemic situation, his health would be at severe risk and, therefore, considering this, solitary circumstance, the applicant may be enlarged on anticipatory bail.