HARISHBHAI PARSINGBHAI RAATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant has prayed for anticipatory bail in connection with the FIR being C.R. No.11184002201325 of 2020 registered with Chhotaudepur Police Station, District: Chhotaudepur for the offence punishable under Ss. 379, 114 of the Indian Penal Code, Sec. 4(1)(a) of the Mines and Mineral (Regularities and Development) Act, Sec. 21 of the Gujarat Mineral (Illegal Transportation and Storage of Minerals) Amended Rules, 2017.

(2.) Learned advocate for the applicant submits that the applicant is innocent and he has been falsely implicated in the alleged offence. He has no past antecedent of like nature and 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.