KIRANBHAI NAVALSINGHBHAI RATHVA 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.11197014200375 of 2020 before Dabhoi Police Station, District: Vadodara Rural for the offences punishable under sections 65(a), 65(e), 98(2), 83 and 81 of the Prohibition Act.

(2.) Learned advocate for the applicant submits that the applicant is falsely implicated in the offence, merely because his car was used in the commission of offence by his relatives for carrying the muddamal, FIR has been lodged on the secrete information; the applicant is not found at the place and the applicant has not committed the alleged offence and he has three antecedents of similar nature. 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. Learned advocate for the applicant on instructions 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. It is 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.

(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.