BHARATBHAI VAJSIBHAI GOJIYA 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 to release him on anticipatory bail in the event of his arrest in connection with the FIR Part A being CR No. 11185003230602 of 2023 with Kalyanpur Police Station, Devbhumi Dwarka, for the offences punishable under Ss. 465, 467, 468, 471, 120B, 379, 406, 420, 114 and 34 of the Indian Penal Code and Ss. 4(1), 4(1)a, 21(1) and 21(5) of the Mines and Minerals (Development and Regulation) Act, 1957 (Amended 2015) and Ss. 3 and 21 of the Gujarat Minerals (Prevention of illegal Mining and Transportation and Storage) Rules, 2017.

(2.) Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. Learned advocate for the applicant has submitted that present applicant is a transporter and he has nothing to do with the offence. He has submitted that applicant has provided the vehicles, his vehicles have been seized without initiating proceeding under the Mines and Minerals (Development and Regulation) Act and he is falsely enroped in the offence. It is submitted that he has not created any concocted and fabricated evidence. Merely on the basis of the statement of co-accused, the applicant has been arraigned as an accused. It is further submitted that nothing is required to be recovered and discovered from the accused. Learned advocate for the applicant has submitted that he is ready and willing to join the investigation. In view of the above, the applicant may be granted anticipatory bail.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. It is submitted that the present applicant is in connivance with the accused persons and he is in the constant touch, he has committed the theft and engaged in the illegal mining of the bauxite. It is further submitted that considering the CDR, it appears that in collusion and connivance with the accused, he is involved in the offence. It is submitted that there is a chance of flee away from justice and he indulged in the similar type of illegal activity and possibility cannot be ruled out for issuance of bogus online royalty pass. It is submitted that investigation is at the preliminary stage. Hence custodial interrogation is required and he requested to dismiss the present application.