NARENDRA BUDHALAL JAIN 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.11191065200461 of 2020 registered with Narol Police Station, District: Ahmedabad for the offences under Sections 379, 427, 285, 120(B) of the Indian Penal Code and under sections 3 and 5 of the Prevention of Damage to Public Property Act and under sections 15(2) and 15(4) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act.

(2.) Mr. Thaker, learned advocate for the applicant submits that the applicant is neither named in the FIR nor any role is attributed to him. It is his submission that he is involved in the offence on the basis of the statement of the co-accused. According to his submission, the applicant is a bona fide purchaser of the fuel which he had purchased through invoice after paying necessary taxes. It is his submission that some of the co-accused persons are released on regular bail by the Trial Court. He therefore urges that the application may be allowed.

(3.) Ms. Shah learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail. She submits that the applicant had purchased the oil with the full knowledge that it was the stolen oil. She urges that he applicant cannot 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.