ASHOK RANMAL DODIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Pranav Trivedi, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent-State.

(2.) This application has been preferred under section 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with the first information report being I-C.R. No.1 of 2020 registered with ATS Police Station, Ahmedabad for the offences punishable under sections 379 , 120-B of the Indian Penal Code, section 15(2) , 4 of the Petroleum and Mineral Pipeline Act, 1962, sections 3 , 4 of the Damage to Public Property Act and section 4 of the Explosive Substance Act, 1908.

(3.) Mr. Virat Popat, learned advocate for the applicant, submitted that the main accused against whom allegation of theft of crude oil is made, has been granted bail. At present according to the record, Mr.Popat, submitted that the only allegation against the present applicant would be providing stay to the main accused. Referring to the documents produced by the applicant, Mr. Virat Popat, submitted that such allegations are against all the other co-accused. He further submitted that as per the report of the Police Inspector, ATS Police Station, Ahmedabad, the diesel was sold in part thus, allegations of selling diesel only to the present applicant would not sustain. Mr. Popat, further submitted that the Police have alleged same version against all the other co-accused. He further submitted that the applicant would not have any knowledge of the persons who would come with the main accused as guests and there are no criminal antecedents against the present applicant. It was therefore prayed to grant anticipatory bail to the present applicant.