THAKOR KANUJI VIHAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Shri D.K. Chaudhari for the applicant and learned APP Ms. Moxa Thakkar for the respondent-State.

(2.) This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for being released him on regular bail in connection with F.I.R. No.11206045201591 of 2020 with Mehsana City B Division Police Station, District:- Mehsana, for the offences punishable under Sections 65(a), 65(e), 116(B), 81, 83 and 98(2) of the Prohibition Act dated 24.09.2020.

(3.) Learned Advocate Shri Chaudhari for the applicant submits that the applicant is implicated only on the basis of statement of co-accused. He further submits that pending this application, charge-sheet has been filed by the Investigating Officer and even in the charge-sheet, there is no material , which shows the involvement of the applicant in the alleged offence. Learned Advocate further submits that the applicant is stated to be involved in 54 cases of similar nature and whereas in 44 cases, he has been acquitted and 10 cases are stated to be pending. Learned Advocate further draws attention of this Court that co-accused being accused No.1, who has 17 antecedents against him, had been released by the learned trial Court within 10 days of his arrest. Learned Advocate further submits that considering the fact that the applicant is in custody since 12.12.2020 and since the chargesheet is now filed by the Investigating Officer, this Court may be pleased to release the applicant by imposing suitable conditions.