BADRI HIRALAL JAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties by video conferencing.

(2.) By way of the present application filed 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-323/2017 registered with Vapi Town Police Station, District Valsad for the offences under Sections 65-A, 65-E, 81 and 98(2) of the Gujarat Prohibition Act.

(3.) Learned advocate Mr.B.C.Dave for the applicant has submitted that the muddamal of illegal liquor of Rs.16,87,200/-, which was recovered and the tempo does not belong to the applicant. It is submitted that the applicant is alleged to be the receiver of the muddamal, as per the statement of the co-accused. It is further submitted that two co-accused were released on regular bail by the trial Court vide judgment dated18.11.2017 and 08.02.2019 passed in Criminal Misc. Application (S) No.3100 of 2017 and Criminal Misc. Application (S) No.306 of 2019. It is 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 in the trial also and will not flee from justice.