ILYASH ABDULGANI DAHYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Pranav Trivedi, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent-State.

(2.) This application has been preferred under section 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with the first information report being III-C.R. No. 90 of 2015 registered with Limdi Police Station, District : Dahod for the offences punishable under sections 66(1) B, 65(A) (E) and 81 of the Prohibition Act .

(3.) Mr. A.A. Zabuawala, learned advocate for the applicant, submitted that the vehicle-in-question, which has been used in transporting illicit liquor has already been sold by the present applicant to Muniya Kamleshkumar Lalsingbhai. The present applicant has been shown in column no.2 of the chargesheet but referring to the previous matters, Mr. Zabuawala stated that the applicant was regularly attending the trial and thus, cannot be considered as absconder. Mr. Zabuawala, referring to the judgment dated 12.02.2018 declared in C.C. No.637 of 2017 by the Chief Judicial Magistrate First Class, Zalod, submitted that the Head-Constable Babubhai Bhudarbhai evidence was recorded and except Kamleshbhai, he could not recognize any other person and his evidence also shows that his eye-sight was weak and was without spectacles at the time of incident. Mr. Zabuawala, further submitted that Head-Constable Babubhai Bhudarbhai had identified Kamlesh Lalsing Muniya, to whom the present applicant had already sold his vehicle by agreement to sell dated 01.10.2014. All the criminal antecedents are not of recent past thus, prayed for anticipatory bail.