AMIT NARENDRA BHAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Misc. Application No. 22745 of 2021 has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the FIR being C.R.No. 11993004210287 of 2021 registered with Bhachau Police Station, Kachchh, for offences punishable under Sec. 392 and 114 of Indian Penal Code and under sec. 135 of the Gujarat Police Act.

(2.) Mr. Ashish Dagli, learned advocate for the petitioner submitted that it is the case of theft of soyabean oil and the driver of the truck was put to threat on the point of knife and 33.880 ton soyabean oil was stolen. Learned advocate for the petitioner submitted that the petitioner of Criminal Misc. Application No. 22745 of 2021 is alleged to provide fire fighter to transfer the soyabean oil and the petitioner of Criminal Misc. Application No. 21499 of 2021 is alleged to be the purchaser who has send the truck wherein the soyabean oil was alleged to have been transported and states that on the next day the soyabean oil was found out. Learned advocate for the petitioner submitted that the co-accused has been granted bail and the chargesheet is also filed. It was, therefore, prayed that the present applications may be allowed and the petitioners herein may be released on regular bail.

(3.) Learned APP submitted that the active role has been played by the petitioners for the commission of offence in question. Learned APP submitted that if the petitioners are released on bail, then they may continue with such illegal activities, and therefore, it was urged that no discretion may be exercised in favour of the petitioners.