MANISHBHAI RAMESHBHAI RAIYANI 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 has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R. No.11822021202249 of 2020 before Navsari Rural Police Station, District: Navsari for the offences punishable under sections 65(a), 65(e), 116(B), 81 and 98(2) of the Prohibition Act.

(2.) Learned advocate for the applicant submits that the applicant has been falsely implicated in the alleged offence and his name has been disclosed by the co-accused. He further submits that the applicant was not found at the scene of offence and he has been shown as a receiver of muddamal. It is further submitted that the present applicant is local resident and will be readily available for investigation and will co-operate with the investigation as and when required. It is further submitted that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) Learned Additional Public Prosecutor Mr.J.K.Shah appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. Learned APP further submitted that there are criminal antecedents of the similar nature and one case of Section 307 of the IPC is also alleged against the present applicant. However, the orders of the said case are produced on record which shows that in all the cases the accused is released on anticipatory bail or regular bail.