HARDIKBHAI @ KAKUBHAI RAJUBHAI KOTHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent ?State.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R No.11821030200358 of 2020 before Jhalod Police Station, District: Dahod for the offence punishable under Sections 65(E) and 81 of the Gujarat Prohibition Act.

(3.) Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides the applicant is available during the course of investigation and will not flee away from the justice. In view of the above, the applicant may be enlarged on anticipatory bail by imposing suitable conditions. He further submits that other offences are registered under the Prohibition Act against the present applicant and this Court (Coram: Hon'ble Mr.Justice Bhargav D. Karia) in Criminal Misc. Application No.9999 of 2020 vide order dated 31.07.2020 has taken a view that when accused is not found with conscious possessions of contraband liquor, pendency of other offences registered against the applicant becomes insignificance or irrelevant. Thus, while considering such aspect, applicant may be released on bail.