RAJESH VELJIBHAI VAGHAMSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 438 of the Code of Criminal Procedure, 1973 praying for an order of anticipatory bail in connection with an offence registered with Adipur Police Station, Kutch being C.R. No.11993002220634 of 2022 for the alleged offence punishable under Ss. 379 and 114 of the Indian Penal Code, under Ss. 4(1) , 4(1)(A) of the Mines and Minerals (Regulation and Development) Act , 1956 and under Ss. 3, 7 and 12 of the Gujarat Mines (Prevention of Illegal Transport and Storage) Rules of 2005, 2016 and 2017.

(2.) Heard Mr. Dilip Joshi, learned advocate for the applicant. According to his submission, FIR has come to be filed 10 days after the alleged incident, and therefore, it does not inspire any confidence. He has further submitted that the co-accused had filed the complaint against the present first informant as also other Officers of the Department for illegal gratification demanded and copy of the complaint is annexed at page 46, and therefore, as a retaliation, present FIR has come to be filed against the applicant and other co-accused. He has further submitted that the applicant is the owner of the vehicle and excavation is being done in a government waste land for the purpose of levelling in the village as also gaushala situated in the village with the permission of the husband of the Sarpanch of village Mathak. He has further submitted that the panchayat has permitted them to do the same by passing a resolution. He has further submitted that the offence alleged against the applicant is compoundable, and therefore, he be granted an order of anticipatory bail.

(3.) Having heard the learned advocate for the applicant as also going through the FIR as also the documents annexed with the application, including the impugned order, it appears that the applicant is in a habit of committing such offences repeatedly. It is further revealed from the FIR that he has disclosed to the authority that he is the representative of the owner of the vehicle and excavator involved in the offence whereas, as per the submission of the learned advocate for the applicant, he himself is the owner of the excavatior machine as also the vehicles. As revealed from the papers of the investigation, this is not the first offence committed by the applicant. As per the submission of the learned Additional Public Prosecutor at Anjar Police Station, an offence of similar nature is registered against him.