PRAFULBHAI CHIMANLAL SEJPAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant -accused has prayed for anticipatory bail in connection with the FIR being C.R. No. 11217036210707 of 2021 registered with Varahi Police Station, Dist. Patan, for the offences under Ss. 308, 379, 427, 120(B), 411, 413 and 34 of the IPC, Ss. 15(2), 15(4) and 16(A) of the Petroleum and Mineral Pipelines Acquisition Right User Inland Act, Sec. 3 of Prevention of Damage to Public Property Act, Sec. 4 of Explosive Substance Act and Ss. 3 & 7 of the Essential Commodities Act.

(2.) Learned advocate for the applicant submits that the applicant is innocent and he has been falsely implicated in the alleged offence. The applicant is not named in the FIR and is doing business of petroleum products and having valid license to run the said business. Therefore, the applicant has not committed the offence as alleged against him. Hence, custodial interrogation of the applicant is not essential for the purpose of investigation.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of anticipatory bail stating inter alia that the allegations against the applicant are grave and serious in nature and custodial interrogation is necessary for further investigation of the case.