ASHOK REVACHAND SINDHI (SHIGHANI) 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.11993002201134 of 2020 before Aadipur Police Station, District: Kutch (East), Gandhidham for the offences under Sections 65(a), 65(e), 116-B and 81 etc. of the Gujarat Prohibition Act.

(3.) Mr. Ashish Dagli, learned advocate appearing for the applicant, submits that the applicant is implicated in the offence on the basis of statement of co-accused. He submits that eh applicant is implicated in the offence as the complainant -Maldevbhai Hajabhai Vala, Head Constable is having grudge against the applicant as the applicant has made written representation against him to PSI, Adipur Police Station and others. He further submits that only three cans of bear worth Rs.300/- are recovered from the co-accused Jayendra Gajjar. He, therefore, submits that in view of the above, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.