RATHVA AJAYBHAI NARSINHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP waives service of notice of Rule on behalf of the respondent - State.

(2.) By way of the present application under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), the applicants - accused has prayed to release them on anticipatory bail in the event of their arrest in connection with the FIR being C.R. No.11197014242258 of 2024 registered with Dabhoi Police Station, District : Vadodara, for the offences punishable under Ss. 189(2), 190, 191(1), 310(2), 126(2), 115(2), 296(b), 351(3) and 324(4) of the BNS.

(3.) Learned advocate for the applicant has submitted that applicants are innocent and falsely implicated in the present case. No ingredients of alleged offence are made out. Even counter complaint is filed. With the ulterior motive, in the complaint filed by the present complainant the provision of robbery is not invoked and in the subsequent complaint of the present applicants with the ulterior motive, the complaint is filed wherein provision of robbery is invoked. The allegations against the present accused are that while complainant excavating the sand from the French well area which is prohibited area as the applicant No.1, who is municipal counselor had gone to inspect the French well and found that the complainant indulge in the illegal mining of the sand. He did call the police and then the police came and he narrated the entire incident and shown the video recording of illegal mining. Though false case of dacoity against the applicants is foisted and applicants have not committed any offence. Even, on bare perusal of the FIR, it appears that no ingredients of dacoity is made out. Applicants are having no past incidents. In view of above, no custodial interrogation is required. Hence, the learned advocate for the applicant has requested to allow the present application.