CHOKHARAM TEJARAM GODARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present application is filed under Sec. 439 of the Code of Criminal Procedure for seeking release on regular bail in connection with the FIR registered with Sanand Police Station, being No.11192050210413 of 2021 dtd. 2/9/2021 lodged for the offences punishable under Ss. 65E , 116(B) , 98(2) , 81 and 83 of the Prohibition Act.

(2.) The case of the applicant is that on 2/9/2021, an accident took place between a State Transport bus and TATA 407 driven by the applicant and on patrolling, the Investigating Officer while checking found liquor in the said truck, worth Rs.9,27,840.00. According to the applicant himself, on being asked by the Investigating Officer, has confessed that this truck has been driven by the applicant. The applicant though an innocent person, wrongly being arraigned in the prosecution and as such, has applied initially for granting bail before filing of the charge- sheet, which came to be rejected and after filing of the charge- sheet, the applicant has preferred Criminal Misc. Application No.3494 of 2021 before 10th Additional District and Sessions Judge, Ahmedabad (Rural). However, by a brief order dtd. 15/11/2021, learned Additional District Judge has rejected the same which has given rise for filing of the present Criminal Misc. Application.

(3.) Learned advocate Mr. S.D. Mansuri appearing on behalf of the applicant has submitted that the applicant is an innocent person and is not having any criminal antecedent and now since the charge-sheet has already been submitted, there is no likelihood of prejudice caused to the case of the prosecution in any manner and as such, has requested to grant regular bail.