RAJUBHAI VIRABHAI DANGER 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) and 34 of the Indian Penal Code, Ss. 15 (2) and 15 (4) of the Petroleum and Minerals Pipelines Acquisition Right User Inland Act, 1962, Sec. 3 of Damage to Public Property Act and Sec. 4 of the Explosive Substances Act.

(2.) Learned advocate for the applicant submits that the applicant is innocent and he has been falsely implicated in the alleged offence. There is no any overt act on the part of the applicant. The applicant is businessman of Rajkot and is not remotely involved in the theft of petroleum products. The applicant has no past antecedent. 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.