CHANDRAKANT CHIMANLAL TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed by the applicant to get anticipatory bail under Sec. 438 of the Criminal Procedure Code in connection with the FIR registered vide C.R.No.11206044220714 OF 2022 at Mehsana City A Division Police Station, Mehsana for offences punishable under Ss. 420 , 465 , 467 , 468 , 475 and 114 of the Indian Penal Code, 1860.

(2.) The case of the complainant i.e. Chetankumar Daljibhai Chaudhary filed the FIR on 21/9/2022 for the incident which is alleged to have occurred on 14/12/2021 and has continued up to 28/1/2022. The applicant is not shown as an accused in the FIR. The first informant is the Loyalty Inspector in Geology and Mining Department. It is alleged that the vehicles which are seized by the office of Geology and Mining Department on account of illegal storage or transportation of vehicles were involved in the activities of illegal mining. The accused have prepared affidavit of such vehicles and same were produced in the office of Assistant Geologist and have obtained the challan and thereafter have returned the same back to the office, however, while returning the said challan, bore the stamp of SBI specialized Government Branch Mehsana and by producing the said Challan without paying the amount of penalty towards the compromise, have got the vehicles released. It is alleged that in this manner, the fraud has been committed and the accused have committed criminal breach of trust and therefore, the first information report is filed.

(3.) Learned advocate for the petitioner submits that the FIR is lodged on 21/9/2022 and the name of the petitioner is not shown as an accused. There is no role attributed against the present petitioner. The name of the petitioner is arraigned only on the basis of the statement of the co-accused. Learned advocate for the petitioner is sought to be implicated in the commission of alleged offence. The petitioner was sought to be arrested and therefore, he has preferred an application for anticipatory bail in the District & Sessions Court Mehsana vide Criminal Misc. Application No. 35 of 2023, which came to be rejected on 11/1/2023. he further submits that the co-accused has preferred an anticipatory bail application before this Court vide Criminal Misc. Application No. 19605 of 2022, which came to be allowed on 9/11/2022.