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R/CRIMINAL MISC.APPLICATION NO. 3772 of 2022 ==========================================================

HARESHKUMAR BABULAL THAKKER Versus STATE OF GUJARAT ==========================================================

Appearance:

MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1 MR P P MAJMUDAR(5284) for the Respondent(s) No. 1 MR RONAK RAVAL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA Date : 11/04/2022

ORAL ORDER

[1] Heard the learned advocates for the respective parties.

[2] RULE. Learned Additional Public Prosecutor waives service of notice of rule for and on behalf of respondent – State.

[3] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R.No.11993004210499 of 2021 registered with Bhachau Police Station, District Kachchh (East)-Gandhidham for the offences under Sections 381, 408 and 120B of the Indian Penal Code, 1860.

[4] Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation of the applicant at this stage is not necessary. He further submits that the applicant will keep himself available during the course of investigation, as well as trial also and will not flee from justice.

[5] Learned advocate Mr.Ashish Dagli for the applicant has submitted that the co-accused Sachinsingh Bhachulal Parihar,

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Rizwan Badshah Mohamad Ayub Ansari, Mohmad Enul Siddiqmiya Ansari, Pappukumar Dilip Mahanto, Chandankumar Ratanlal Jha, Jahangirkhan S/o. Karimkhan Manjibhai Ghori and Bharmal S/o. Swaruparam Simartharam Chaudhari, who are named in the FIRs, have been released on regular bail. He has also submitted that by the order dated 18.02.2022 passed in Criminal Misc. Application No.22453 of 2021, one of the co- accused has been granted regular bail. So far as the present applicant is concerned, he has submitted that the applicant is not named in the FIR. It is further submitted that out of 27 ton of coke, 23 ton has already been recovered and total amount of coke, as observed in the aforesaid orders granting the regular bail, such amount comes to Rs.12,96,000/-. Thus, he has submitted that almost 80% amount of coke out of an amount of Rs.12,96,000/-, has already been recovered and there is no material available with the investigation agency to connect the present applicant with the offence. He has submitted that the main accused Imtiyaz is still on run. Thus, he has submitted that in wake of the aforesaid facts, the present application may be allowed.

[6] Learned advocate for the applicant, on instructions, states that the applicant is ready and willing to abide by all the conditions, including imposition of conditions with regard to powers of investigating agency to file an application before the competent Court for his remand. He further submits that upon filing of such application by the investigating agency, the right of the applicant accused to oppose such application on merits may be kept open. Learned advocate, therefore, submits that considering the above

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[7] On the other hand, the learned Additional Public Prosecutor appearing on behalf of the respondent– State has opposed grant of bail looking to the nature and gravity of the offence. Learned APP, on instructions of the Investigating Officer, who is present before this Court, is unable to dispute that out of 27 tonnes of coke, 23 ton has already been recovered in the month of November. He has submitted that though the applicant is not named in the FIR, he is directly connected with the offence since the investigation reveals that he was in touch with the Truck Drivers, who had stolen 27 ton of coke from the complainant.

[8] Learned advocate Mr.Majmudar for the complainant has submitted that the applicant is dir

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