JAYPRAKASH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this successive application filed under Sec. 439 of the Code of Criminal Procedure, 1973, the applicant is seeking release on regular bail in connection with the FIR being C.R.No.11210002220107 of 2022 registered with Sachin GIDC Police Station, District : Surat for the offences punishable under Ss. 304, 336, 337, 338, 277, 278, 120 (B), 465, 467, 468, 471 of the Indian Penal Code and under Sec. 15 of the Environment Protection Act.

(2.) Heard learned Senior Advocate Mr. Jal Unwala for learned advocate Mr. Suraj A. Shukla for the applicant and learned APP Ms. Shruti Pathak for the respondent - State.

(3.) As per the FIR, on account of illegal discharge of hazardous chemical which was not discharged as per the protocol, six persons had died at Surat and in this illegal discharge of chemical, the present applicant is one of the accused person and hence, the present applicant was arrested on 7/1/2022. As per the charge- sheet, the role attributed to the present applicant is that the present applicant was instrumentally transferring the chemical from one tanker to another tanker. He was found in CCTV while transferring the chemical from one tanker to another tanker near Decent Hotel at Ankaleshwar and there were frequent phone calls between the driver of the tanker who discharged the chemical in such a way that six persons had lost their lives and he was also in touch with one Mr. Vishal Yadav who is alleged to be working with the present applicant in the business of discharge of illegal hazardous chemical without following the protocol prescribed under the law.