BHOPABHAI LALJIBAHI MER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent-State.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.III-232 of 2019 before Aaji Dam Police Station, District : Rajkot for the offences under Sections 65(E), 116(B) and 98(2) etc. of Gujarat Prohibition Act.

(3.) Mr. Padaliya, learned advocate appearing for the applicant, submits that two FIRs for the similar offence came to be registered against the applicant on the same day at the gap of 45 minutes. It is his further submission that out of two FIRs, further investigation qua second FIR has been stayed by this Court vide order dated 17.02.2020 passed in Criminal Misc. Application No. 22849 of 2019. He further submits that in the impugned FIR, the applicant is implicated on the basis of statement of co-accused. He further submits that looking to the nature of allegations, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.