AMITKUMAR DAHYABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor waives service of notice of rule for and on behalf of respondent - State.

(2.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R. No.III-159 of 2018 registered with Talala Police Station, Dist.Gir Somnath for the offences under Sections 65(e), 81, 98(2) and 99 of the Prohibition Act.

(3.) Learned advocate for the applicant HAS submitted that the applicant is not even named in the F.I.R. and during investigation only on the basis of the statement of the co-accused name of the applicant is arraigned as an accused in the alleged offence and the applicant was not present when the muddamal was recovered from the alleged godown and in fact the applicant is not the owner of the said godown. He has also submitted that there is no antecedent against the applicant. Learned advocate has further submitted that the nature of allegations are such for which custodial interrogation of the applicant at this stage is not necessary. He has further submitted that the applicant will keep himself available during the course of investigation, as well as trial also and will not flee from justice.