CHIRAG JAGDISHBHAI AGRAWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under section 438 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R No.I-89 of 2017 registered with Mundra Police Station.

(2.) Briefly stated that on 18.09.2017, on the basis of information, inquiry was conducted at the petrol pump of the applicant during night hours and that three tankers of IOCL were found parked at the place and that one accused person ran away seeing the police and that the driver of tanker no. GJ-12-X-2890 was being asked, one person came forward and identified himself as tanker driver i.e. Salim Sana. That during interrogation, it was noticed that they committing theft of the material from tanker and about 1500 liters of diesel has been taken out and unloaded in the underground tank. That similar was the issue with another tanker being no. GJ-3-Y-9948 whose tanker driver was Mr. Daudbhai Sumra and another tanker being no. GJ-12-AY-7334 whose tanker driver was Mr. Mamad Alarakha Ladak had also stated the same thing. That in view of the alleged irregularities noticed by the police persons, the FIR came to be lodged.

(3.) Learned advocate for the applicant submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.