VIJAYBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under section 439 of the Code of Criminal Procedure in connection with the complaint being FIR No.11198015210239 registered with Bortalav Police Station, Bhavnagar for offences punishable under Sections 65(a), 65(e), 81, 98(2) and 116-B of the Gujarat Prohibition Act.

(2.) Mr. A.P. Mistri, learned advocate for the applicant, submitted that the main allegation against the applicant is of being an employee of original accused Nos.4, 5 and 6; however, the applicant is not connected with the alleged offence in any manner whatsoever. It was, accordingly, urged that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Ms. Thakore, learned Additional Public Prosecutor, submitted that the applicant was found at the spot in the company of original accused Nos.1 and 3. The applicant has three criminal antecedents. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.