MANSURI SABBIRHUSEN YUSUFBHAI Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant has prayed for bail in connection with FIR being C.R. No.I-11188009210164 of 2021 with Modasa Town Police Station, District Arvalli for the offences under Sections 454, 457 and 380 of the Indian Penal Code, 1860.

(3.) The case of the prosecution in brief is that, the complainant has one shop in A.P.M.C. Market, wherein he is doing business of selling pulses, grains and oil etc. The applicant is also having one warehouse, wherein he stores his goods and the said warehouse is taken on rent. It is further alleged that the applicant uses to store the goods in his warehouse. It is further alleged in the complaint that on 20.04.2021 his servant along with HDFC bank person went to the above stated warehouse in order to conduct survey of the goods stored as the applicant wanted to avail loan facility from HDFC Bank. It is also alleged that the complainant on conducting survey came to know that the goods stored is of lesser quantity and this was informed by the complainant's servant to the original complainant. After receiving this information, the original complainant went to the rented warehouse along with his brother and once again counted the goods and on counting it again, it came to know that total goods worth Rs.21,66,496/- were missing from the Industry. The original complainant checked the warehouse but was unable to find any evidence of breaking of lock and it was found that total goods worth of Rs.21,66,496/- were stolen.