ANAND CHANDRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition under Sec. 438 of the Code of Criminal Procedure, 1973, the petitioner has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.11206020210665 of 2023 (CR No.I-81 of 2021) registered with Kadi Police Station.

(2.) The short facts of the case as emerging from the FIR are that one Mr. Chetankumar Punjabhai Patel, proprietor of M/s. Yug Enterprise filed a written complaint before the Kadi Police Station under Ss. 406, 420 and 409 of the Indian Penal Code, 1860 against one Mr. Amit Rameshbhai Prajapati, Supervisor of Warehouse of Arya Collateral Warehousing Services Private Limited situated at Chamber No. 1, Old Survey No. 200, New Survey No. 340, Village Karannagar, Taluka Kadi, Mahesana, Gujarat - 382715. It is alleged in the complaint that starting from 16/3/2021 to 24/4/2021 about 7,496 bags of Jeera' was stored at the Kadi Warehouse. In 7,496 bags of Jeera, the total quantity of Jeera being stored was 4,50,270 Kg's. The market value of jeera being Rs.125.00 per kg, the total amount of Jeera stored in the Kadi Warehouse by Mr. Chetan Patel was amounting to Rs.5,62,83,750.00. That Mr. Chetan Patel paid rent of Rs.1,65,000.00 to Arya Collateral towards rent of 7,496 bags of Jeera. That on the said Jeera Mr. Chetan Patel availed finance from ICICI Bank amounting to Rs.2,16,00,000.00. Axis Bank amounting to Rs.93,38,000.00 and from Aryadhan amounting to Rs.94,12,000.00. Thus, the total loan availed by Mr. Chetan Patel was Rs.4,03,50,000.00 by pledging the said Jeera stored in the Kadi Warehouse. That Mr. Amit Prajapati was appointed as the supervisor in Kadi Warehouse on recommendation of Mr. Prakash Dhirubhai Parmar on 10/3/2021. That Mr. Prakash D Parmar is the Area Manager of Aryadhan Financial Solutions Private Limited and that Mr. Amit Prajapati reports to one Mr. Deepak Vishwakarma, who is the Cluster Manager, under whom various other Warehouses in the State of Gujarat are controlled including Kadi Warehouse. That on 24/5/2021, the Cluster Manager Mr. Deepak Vishwakarma called Mr. Chetan Patel and informed that Mr. Amit Prajapati, the Warehouse Supervisor, has taken away all the stock lying in the Kadi Warehouse and has given the keys of the Warehouse to the Watchman. Thereafter, Mr. Chetan Patel along with Mr. Prakash Parmar and 2 Security Guards went to the Kadi Warehouse to verify the Stock, which was found missing from the warehouse. That Mr. Amit Prajapati is alleged to have been committed breach of Trust with the Complainant Mr. Chetan Patel and Arya Collateral and misappropriated the Jeera stored in the warehouse amounting to Rs.5,62,83,750.00 and filed a complaint before the Kadi Police Station against him.

(3.) Upon filing of the aforesaid complaint, the applicant preferred an application seeking anticipatory bail before the learned court below which came to be rejected and thus present application is filed.