PRUTHVIRAJSINH @ BABO HEMANTSINH KHER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Jasani, learned advocate for the applicant and Mr.Patel, learned Additional Public Prosecutor for the respondent - State through Video Conferencing.

(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. 11202002200134 of 2020 before City "C" Division Police Station, District: Jamnagar for the offences under Sections 65(A) , 65(E) , 116(B) , 98(2) , 81 and 83 of the Prohibition Act.

(3.) Learned advocate for the applicant submits that the role of the present applicant has been referred from the statement of the co-accused. He submits that the car driven by the other co-accused has been enlarged on bail by the concerned Trial Court and the fact that the allegation against the present applicant is regarding attempting to murder, but he was not driving the alleged car. He further submits that two FIRs have been filed by the concerned Police Station - one is under the provisions of the Indian Penal Code and another is under the provisions of the Prohibition Act . He has submitted that considering the role attributed to the present applicant, he may be enlarged on bail. He further submits that the present applicant has one antecedent in past but that fact may not be considered at this stage as involvement of the present application is only on the basis of the statement of the co-accused. He submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. Besides the applicant will be 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.