MANISHABEN VIJAYBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. C.M.Shah, 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 her on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.11196002200693 of 2020 before Bapod Police Station, District: Vadodara for the offences under Sections 65(2), 116(B), 81 etc. of the Gujarat Prohibition Act.

(3.) Mr. Majmudar, learned advocate appearing for the applicant, states that the applicant is a lady, who is implicated in the case on the basis of staement of co-accused person. It is also submitted by learned advocate that there is no independent evidence except the statement of co-accused person to connect the applicant with the offence. Learned advocate for the applicant submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides the applicant is available during the course of investigation and will not flee away from the justice. In view of the above, the applicant may be enlarged on anticipatory bail by imposing suitable conditions. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for her remand. Learned advocate for the applicant would further submit that upon filing of such application by the Investigating Agency, the right of applicant to oppose such application on merits may be kept open.