AMIN @ HAMIDBEG RAJBEG MIRZA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This bail application has been filed by the applicant under section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered at C.R. No. I - 93 of 2017 with Karjan Police Station, Dist. Vadodara, for the offences punishable under Sections 408, 420 and 114 of the Indian Penal Code.

(2.) Heard the learned advocate for the applicant and the learned Additional Public Prosecutor for the respondent - State.

(3.) The learned advocate for the applicant submits that the allegation against the applicant is that on 16.05.2017, the complainant and driver namely Anilkumar had loaded wastage of copper from Panwel. The said goods was to be delivered at Jaipur. On 17.05.2017, when they reached between Surat and Bharuch at about 3:00 p.m., the complainant went for natural call and after coming, the complainant did not find his truck. It is also alleged that during the investigation of said Anilkumar, the name of the present applicant is disclosed and he has been arrested. The role attributed the present applicant is that he escorted the truck. It is submitted that the applicant is an innocent person, however, he has been falsely implicated in the offence. It is submitted that charge-sheet is filed and therefore, there is no possibility of tampering with the evidence. The applicant is not named in the FIR. There is delay of two day in filing the complaint. There is no recovery or discovery at the instance of present applicant. The offence in which the applicant is involved is triable by the Magistrate Court. The applicant has no past criminal antecedent and is in jail since 11.06.2017.