MAHENDRABHAI HEMCHANDBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. L.B. Dabhi, Learned APP, waives service of notice of Rule on behalf of respondent­State.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant has prayed for anticipatory bail in connection with the FIR being C.R. No. I - 54 of 2018 registered with Vasad Police Station, Dist. Anand for the offenses punishable under Sections 407 and 114 of the Indian Penal Code.

(3.) Mr. Danak, learned advocate for the applicant has mainly submitted that name of the present applicant is not mentioned in the FIR itself and the offence against the present applicant is under Section 407 and 411 of the Indian Penal Code but in fact, Section 411 of the Indian Penal Code is not applicable to the present applicant for purchasing the stolen property. He has submitted that earlier such type of another offence is registered against the present applicant, in which, he is on bail. He has also submitted that the chemical has not been purchased by the present applicant directly from the driver of the truck but as per the allegations of the prosecution, driver has sold the chemical to Devashibhai, Ladubhai and Ranabhai and thereafter above mentioned three persons have sold some of the chemicals to present applicant and one Mr. Dineshbhai and therefore, present applicant has not purchased directly any chemicals from the driver. It is submitted that present applicant is the second purchaser of the chemicals. It is also submitted that present applicant will not abscond and cooperate the Investigating Officer and therefore, it is requested to grant the anticipatory bail.