NARESH 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.III- 172 of 2019 before Santhal Police Station, District: Mahesana for the offences punishable under sections 65(a)(e), 81, 98(2) and 116-B of the Prohibition Act.

(2.) Learned advocate for the applicant submits that the applicant is falsely implicated in the present offence on the basis of statement of co-accused, he is not named in the FIR, there are three antecedents of similar nature against the present applicant. Learned advocate for the applicant on instructions also states that the applicant is ready and willing to abide by all the conditions including imposition of condition with regard to power of investigating agency to file an application before the competent Court for his remand. He has further submitted that upon filing such application by the investigating agency, the right of the applicant- accused to oppose such application on merits may be kept open. He submits 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 appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.