R/CR.MA/5292/2025 CAV ORDER DATED: 24/06/2025 Reserved On : 20/06/2025 Pronounced On : 24/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 5292 of 2025 ========================================================== CHAMANLAL KARSANBHAI HARDIYA Versus STATE OF GUJARAT ========================================================== Appearance: MR IH SYED, SENIOR ADVOCATE WITH MR. AMAAN SYED(14385) for the Applicant(s) No. 1 MR HARDIK SONI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI CAV ORDER 1. Rule. Learned APP waives service of notice of rule for respondent – State of Gujarat. 2. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicant has prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. 11993003241478 of 2024 registered with the Anjar Police Station, District Kachchh East - Gandhidham for the alleged offences as mentioned in the FIR. 3. Heard learned Senior Advocate Mr. I. H. Syed assisted by learned advocate Mr. Amaan Syed for the applicant and learned APP Mr. Hardik Soni for the respondent - State. Page 1 of 7 R/CR.MA/5292/2025 CAV ORDER DATED: 24/06/2025 4. Learned Senior Advocate Mr. Syed submits that the as per the case of the prosecution, the so- called incident is occurred during the period between 20.11.2024 to 25.11.2024, whereas, FIR is registered on 06.12.2024. Thus, there is gross delay in registering the FIR which would ultimately go to the root of the matter and prosecution agency has miserably failed to explain the cause of delay. He further submits that FIR is filed against total five accused persons and applicant is shown at serial no.3. He further submits that except the applicant and accused No.2, rest of the accused persons have already been enlarged either on regular bail or anticipatory bail. He further submits that it is the specific case of the prosecution that on 21.11.2024, the officers of the Geology and Mining Department have intercepted four vehicles and found that the quantity of the mineral Black Trap loaded in the said vehicles were more than the Royalty Passes. Therefore, all those vehicles were detained and thereafter they were released. Thereafter, after some time, the authority concerned came to the conclusion that the Royalty Pass produced by the driver was not genuine and therefore they verified the veracity of the said Royalty Pass and ultimately came to the conclusion that the said Royalty Pass was forged one. Therefore, the FIR is registered R/CR.MA/5292/2025 CAV ORDER DATED: 24/06/2025 against the accused persons. He further submits that in fact the driver of the vehicle from whose custody the said Royalty Pass has been recovered, has already been enlarged on anticipatory bail by the Coordinate Bench of this Court. Even the owner of the vehicle has also been enlarged on anticipatory bail. He further submits that even the amount of penalty of Rs.2,95,475/- has also been paid by the present applicant. 5. Learned Senior Advocate Mr. Syed further submits that if the Court would make cursory glance upon the Royalty Pass, in that event, it would have been found out that one can easily verify the details of the pass as QR code is also printed on the Royalty Pass. Thus, on the basis of the details mentioned in the Royalty Pass, by making entry into GujMin App., the details pertaining to the issuing authority and ownership of the lease can easily be accessed. He further submits that on the day of incident, the authority concerned has not taken any actions but after lapse of certain period of time, present FIR has been registered. He further submits that as per the case of the prosecution, the said Royalty Pass came to be issued to the leaseholder Kiranben Rajeshbhai Gajjar and said lady has already been enlarged on anticipatory bail. Thus, considering the aforesaid factual aspects, R/CR.MA/5292/2025 CAV ORDER DATED: 24/06/2025 this is a fit case wherein this Hon'ble Court may exercise its discretionary powers by enlarging the applicant on anticipatory bail. 6. The present application is strongly objected by learned APP Mr. Hardik Soni for the respondent - State. Learned APP Mr. Soni has submitted that involvement of the present applicant in the commission of crime is clearly spelt out. He further submits that on the basis of certain information received by the officers of the Geology and Mining Department, they had gone to a particular place to check and inspect the vehicles carrying Black Trap minerals and at that point of time they intercepted four vehicles and found that the quantity of the minerals loaded in the said vehicles were more than the permissible limit of the Royalty Pass. Therefore, initially proceedings have been instituted against the driver, owner and leaseholder and vehicles were detained and drivers were taken into custody. After some time, the vehicles and drivers were released. However, thereafter, it has come to the notice of the authority that the Royalty Pass produced by the driver is forged and fabricated one as the said Royalty Pass did not contain the QR code. Therefore, the authority concerned has made thorough inquiry about veracity of the said Royalty Pass and they came to know that in fact R/CR.MA/5292/2025 CAV ORDER DATED: 24/06/2025 the said Royalty Pass has been forged by the applicant based on the Special Security Paper which was issued to the accused No.1 Kiranben Gajjar and she has already filed an application in the form of compliant that her Royalty Passes have been stolen and therefore those passes were not in the custody of the accused no.1. Thereafter, during the course of investigation, statements of the driver as well as owner of the vehicles were recorded, wherein, they have very categorically stated that owner of the vehicle had handed over the Royalty Pass to the driver and owner has stated that on the basis of the agreement entered into between the applicant and the owner of the vehicle, the vehicle along with the driver was supplied to the applicant and at the relevant point of time, applicant herein had handed over the said Royalty Pass to the owner and the driver. Thus, on the strength of the materials collected by the investigating officer, involvement of the present applicant in the commission of crime is clearly spelt out and his active involvement is clearly found out. Not only that, as per the case of the prosecution, more than 170 Royalty Papers (Special Security Papers) of accused no.1 Kiranban have not been found out and therefore there are all possible chances that those Royalty Passes have been misused by the applicant and therefore the R/CR.MA/5292/2025 CAV ORDER DATED: 24/06/2025 custodial interrogation of the applicant is required. Moreover, it it is also found out that huge amount of loss is being caused to the Government exchequer by the present applicant and other accused persons by using those forged Royalty Passes. Thus, looking to the gravity of the offence, when the involvement of the applicant in the commission of crime is clearly spelt out and the investigation is at a nascent stage, the Court may not exercise its discretionary powers of anticipatory bail in favour of the applicant. 7. Having heard the learned advocates appearing for the parties and perused the materials produced on record, it is found out from the record that applicant is one of the accused persons of one FIR registered with Anjar Police Station. It is alleged in the said FIR that applicant and other accused persons have, in connivance with each other, committed the offence of theft of minerals worth Rs.3,19,779/-. It is alleged that applicant has forged the Royalty Pass based on the Royalty Papers (Special Security Paper) issued to the accused No.1 - Kiranben Rajeshbhai Gajjar. It is the case of the prosecution that more than 170 Royalty Papers issued in favour of accused No.1 are missing and possibly all those Royalty Papers have been misused by the applicant and therefore his custodial R/CR.MA/5292/2025 CAV ORDER DATED: 24/06/2025 interrogation is required. It is found out from the record that the Royalty Pass used by the applicant did not have any QR code and as per the statement of the driver and owner of the vehicle, the said Royalty Pass was given by the applicant. Thus, from the materials produced on record, it is found out that the said Royalty Pass was forged one which was given to the driver of the vehicle by the applicant. During the course of investigation, investigating officer has also recorded statements of number of witnesses and also collected various documents. I have also perused the statements of the witnesses which are referred to and relied upon by the learned APP during the course of hearing of this application. Thus, considering the materials available on record, I am of the opinion that prima facie, applicant is involved in the commission of crime. Thus, considering the gravity of the offence and the fact that the investigation is at a nascent stage, I am not inclined to exercise discretionary powers in favour of the applicant. The application is, therefore, dismissed. Rule is discharged. (DIVYESH A. JOSHI,J) LAVKUMAR J JANI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: LAVKUMAR JAYANTBHAI JANI(HC00210), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 24/06/2025 17:24:39