SHATRUBHA DILUBHA ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present application is filed under Section 438 of the Code of Criminal Procedure seeking Anticipatory Bail as the applicants are apprehending arrest in connection F.I.R. bearing III-C.R.No.79 of 2019 registered with Zinzuwada Police Station for the alleged offences punishable under Sections 65A , 65E , 116B and 81 of the Prohibition Act.

(2.) Heard, learned advocate for the applicants as well as learned Additional Public Prosecutor Mr.J.K.Shah.

(3.) Mr.Zubin Bharda, learned advocate appearing with Mr.D.K.Patel, learned advocate for the applicants, has submitted that the applicants are innocent persons and have wrongly been arraigned in the prosecution. It has further been submitted that nothing incriminating is found or revealed during the course of investigation so far and in addition thereto, it has been submitted that co-accused persons have already been granted anticipatory bail in this very case. It has further been submitted that co-accused persons were also having past antecedents and still, the Cooordinate Bench has considered the release of those accused persons and as such, on the principle of parity as well, the case of the present applicants be considered by imposing suitable conditions. Learned advocate has relied upon the decisions delivered by the Coordinate Bench rendered in CR.MA Nos.2346 of 2019 and 1341 of 2020, dated 8.1.2020 and 22.1.2020 respectively which are very much part of the record. Hence, Mr.Bharada, learned advocate, has submitted that since there is nothing incriminating found and in the field, nobody ws found, in this peculiar background of fact, a request is made to grant anticipatory bail to the applicants.