TANSINGBHAI KHALPABHAI RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. 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 I-C.R. No.11197014200177 of 2020 registered with Dabhoi Police Station, District : Vadodara Rural for the offences punishable under sections 65(E) and 98(2) of the Prohibition Act.

(3.) Learned advocate for the applicant submitted that co- accused Amreshbhai Jamalbhai Vasava has been granted anticipatory bail vide order dated 25.02.2020 passed in Criminal Misc. Application No.8003 of 2020. He also submitted that the Coordinate Bench has made certain observations in the said order which observations are also required to be considered in the present case. He also submitted that the vehicle, which was found does not belong to present applicant nor the vehicle is ownership of the present applicant. He further submitted that the applicant was not present at the place of incident when the raid was carried out. It was submitted that the nature of allegations are such for which custodial interrogation at this stage is not necessary. It was, therefore, prayed that discretion may be granted in favour of the applicant.