SHAILESH BABULAL LAVADIYA 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.11993003211412 of 2021 registered with Anjar Police Station, District: Kachchh East - Gandhidham for the offences under Ss. 380 , 511 , 457 and 120(B) of IPC.

(2.) Facts and circumstances giving rise to filing of the present application is that, the applicant herein is ex-employee of Gokul Agro Resources Limited at Anjar, District: Kachchh. The company is manufacturing refined palm oil. It is alleged that the applicant and co-accused have had hatched the conspiracy to theft the oil from the company and to execute the conspiracy, they have selected the adjacent closed factory, so as to enable them to get the oil from the company through pipeline, to be directly connected with the vehicle tanker. It is alleged that the accused have paid Rs.5,000.00 per tanker to watchman Bharatsinh of closed factory and prior to the FIR, the accused have successfully executed their conspiracy and dishonestly got 50 K.L. refined palm oil from the company. It is alleged that on the day of incident, the accused could not get the theft oil, as the tanker parked in the closed factory, could not connected through the pipeline as concerned persons get alerted, as a result, the present FIR is being lodged by Officer of the company.

(3.) The applicant herein moved an application before the Sessions Court concerned for anticipatory bail and the same came to be rejected by the Court vide order dtd. 10/12/2021.