ATALBIHARIKUMAR RAJENDRA MANDAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In recent times, we have heard of several instances of industrial disasters arising out of leakages from factories / industrial plants involved in chemicals / fertilizers and other toxic substances. The Bhopal disaster, also referred to as the Bhopal gas tragedy, was a gas leak incident that took place on the night of 2 - 3 December 1984. It shakes the human conscience since the after-shocks could be seen even today, if one visits Bhopal. Very recently, i.e. in May 2020, an industrial accident occurred at L.G. Polymers chemical plant situated at Visakhapatnam, Andhra Pradesh. The gas speedily spread in the places surrounding the chemical plant. Footage of people on the streets, collapsing on account of being unable to bear the gas and its pungent smell, is known to all.

(2.) The applicants herein have prayed to release them on anticipatory bail in connection with the impugned complaint being FIR No.11199035200119 of 2020 registered with Dahej Marine Police Station, District Bharuch for the offences punishable under sections 304, 337, 338, 203, 285, 286, 287, 427 and 114 of IPC.

(3.) Mr. Sudhir Nanavaty, learned Senior Advocate appearing for the applicants in all these matters, submitted that the alleged incident took place on 03.06.2020 at around 1200 hrs. on account of a blast caused by a chemical reaction in the factory premises of the Company, which act could not be attributed to the applicants herein. It was submitted that the applicants are employees of the Company and are working as employees / officers in the Company.