DHANESHKUMAR CHANDRAKANTBHAI VANKANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties through video conferencing.

(2.) By way of the present application filed under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with FIR being C.R. No.11185003201182 of 2020 registered with Kalyanpur Police Station, District Devbhumi Dwarka for the offence under Section 379 of the Indian Penal Code, 1860 (the 'IPC'?) as well as Sections 4(1), 4(1)A, 21(1) and 22 of the Mines and Minerals (Development and Regulation) Act, 1957 (Amended 2015) and Sections 3, 7 and 21(2) of the Gujarat Minerals (Prevention of Illegal Mining and Transportation and Storage) Rules, 2017.

(3.) The case of the prosecution, in brief, is that the applicant along with other co-accused have undertaken illegal mining at Kenedi Village, Revenue Survey No.590, which belongs to the State Government, and committed a theft of Rs.4,50,24,075/- of minerals.