Ashokkumar C. Joshi - (1.)Heard learned advocate Mr. N.K. Majmudar for the applicant and learned APP Ms. M.H. Bhatt for the Respondent-State.
(2.)By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant-accused namely Bhupatbhai Nathbhai Jadav has prayed for anticipatory bail in connection with the FIR being C.R. No. 11186006210448 of 2021 registered with Sutrapada Police Station, District: Gir-Somanth for the offences punishable under Ss. 379 and 114 of the Indian Penal Code and Rules-3 and 21 of the Gujarat Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2017 and Rule-4(1) and 21 of the Mines and Minerals Development Regulation Act, 1957.
2.1. Factual matrix of the case is as under:

(a) That the applicant is an agriculturist. On 14/10/2021, the F.I.R. was registered for the offence punishable under Ss. 379 and 114 of I.P.C. The allegations against the applicant is that the concerned complainant with other government officers was discharging duties and they were doing patrolling within the area of Sutrapada Police Station, Gir-Somnath and at that time, the concerned complainant and other officers had seen another tractor, which was fond as parked and it was found loaded with sea sand and driver of the petitioner was found near the tractor and his statement came to be recorded by virtue of said statement the complainant has come to know that the sea sand was excavated by the labourers, who had excavated taken out the sea sand and stored the same in the tractor and on coming to know about the same, the F.I.R. has been lodged.

(b) Thereafter, Anticipatory Bail application being Criminal Misc. Application No. 275 of 2021 came to be filed before the learned Principal District and Sessions Judge, Gir-Somnath and the same has been rejected vide order dtd. 3/9/2021. Hence the applicant is before this Court.

(3.)Learned advocate for the applicant has submitted that the applicant is apprehending his arrest in connection the aforesaid FIR and in this connection the earlier application filed by the applicant before the learned Sessions Court came to be dis-allowed. Learned advocate for the applicant has submitted that allegations against the applicant is not serious in nature and applicant has no antecedents. Learned advocate for the applicant has submitted that just to give criminal colour, a false and frivolous complaint is created to pressurize the present applicant, and therefore, the present application may kindly be allowed.