PRAVIN MYAJARBHAI AAHIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R No.11205032201340 of 2020 before Mundra Police Station, District: Kutch-West, Bhuj for the offences punishable under sections 379, 511 and 120(B) of the Indian Penal Code and sections 3 and 4 of the Prevention of Damage to Public Property Act and sections 15(1), 15(2) and 15(4) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act.

(2.) Learned advocate for the applicant submits that the applicant has been falsely implicated in the offence; it is alleged that the applicant has purchased the oil after 7 days from the date of commission of the offence; no direct role is attributed in puncturing the oil pipeline or in theft of the oil; offence under sections 15(2) and 15(4) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act is not made out against the applicant; the applicant is local resident and would be available for investigation and trial; the applicant has one antecedent of causing bodily injury and has no similar type of antecedent.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.