BHAGAVANARAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Pursuant to the liberty granted by this Court vide order dated 20.11.2019 passed in Criminal Misc. Application No.19534/2019 granting permission to the applicant to file fresh application after a period of six months if the trial is not concluded, the present successive application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R. No.III-246/2019 registered with Amirgadh PoliceStation foroffence under Sections 65(a)(e) , 116(2) , 81 , 83 and 98(2) of the Prohibition Act.

(2.) Learned advocate appearing for theapplicant, under the instructions, submitted that till date, the trial has not commenced and, hence, as per the liberty granted by this Court as stated above, the present successive bail application has been filed. Learned Advocate further submitted that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

(3.) Learned APP appearing on behalf of the respondent- State has opposed grant of regular bail looking to the nature and gravity of the offence.