HAVALDAR RAMUGRA YADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed by the applicant - accused, seeking regular bail under Section 439 of Cr. P.C., in connection with the FIR being III-C.R. No. 11214020201217 of 2020 registered with Kamrej Police Station, Surat (Rural) for the offences punishable under Sections 65(a), 65(e), 81, 83, 98(2) and 116-B of the Gujarat Prohibition Act.

(2.) Heard learned Advocates for the parties.

(3.) Learned Advocate Mr. Dave for the applicant submitted that the applicant had earlier filed an application being Criminal Misc. Application No.9966 of 2020 before the charge-sheet was filed and pending the said application, the charge-sheet having been filed, the said application was withdrawn with liberty to file afresh. Now, since the charge-sheet is filed, there is no possibility of the accused tampering with the evidence or hampering the investigation. Mr. Dave submitted that considering the nature of the offence being triable by the Court of Magistrate and considering the punishment being maximum up to three years, the applicant be granted bail as the applicant is in jail since last more than three months.