JAYSINH MADHUSINH DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant original accused have prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.11195009200511 OF 2020 before Chhapi Police Station, District : Banaskantha for the offences under Sections 65(a)(e), 116(B), 81, 83 and 98(2) etc. of the Gujarat Prohibition Act.

(2.) Mr. Desai, learned advocate, submits that the applicant is not all connected with the illicit liquor. He submits that the applicant is implicated in the case on the basis of statement of co-accused (accused no.1). He further submits that original accused (accused no.1) is released on bail by the trial Court. It is his further submission that the applicant has no criminal antecedents of any nature. In view of the above, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. He further submits that the applicant belongs to the State of Rajasthan and if he is released, he will not be available at the time of trial. He, therefore, submits that the applicant may not be enlarged on anticipatory bail.