PANKAJ RAMCHANDRA AGARWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being Prohibition C.R.No. 11204028200058 of 2020 registered with Kapadwanj Rural Police Station, Dist: Kheda for the offence punishable under Sections 65(a), 65(e), 67-A, 116(b), 98(2) and 81 of the Gujarat Prohibition Act.

(2.) Learned advocate for the applicant submits that the offence alleged against the applicants is not of very serious in nature so as to keep them behind bars particularly considering the present situation of the Country where pandemic is declared due to spread of COVID-19 disease. He further requests to allow present application by releasing the applicants on bail.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent State has opposed grant of regular bail looking to the nature and gravity of the offence. She has further submitted that the applicant No.3 Bhagwanl;al Ramlal Dangi is also involved in an offence registered with Delwada Police Station, District: Rajsamand being CR No. 92 of 2019 for the offence punishable under Section 19 , 54 , 54-A of the Excise Act. She has further submitted that he is also involved in other offence in the State of Rajasthan and by transfer warrant, Delwada Police Station took his custody from the Kapadawanj Police Station on 18.03.2020. Thus, this applicant is involved in such kind of offence and leniency cannot be shown in favour of the present applicants by releasing them on bail. Lastly, learned APP requests to dismiss present application.