AKBARBHAI OSMANBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application by the applicant under Sec. 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in the event of his arrest in connection with FIR registered at C.R.No.11213068210511 of 2021 before Vichhiya Police Station, Rajkot for the offence under Ss. 65(a), 65(e), 116B, 98(2) and 81 of the Prohibition Act.

(2.) Learned counsel appearing for the applicant submitted that the applicant is innocent and falsely implicated by the complainant in the alleged offence. He submitted that the liquor was found from the courier office, which was not under the control of the applicant. He submitted that the name of the present applicant is implicated on the basis of secret information, otherwise there is no direct evidence available against the present applicant, and prayed that considering the nature of offence, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) On the other hand, Ms.C.M. Shah, the learned Additional Public Prosecutor appearing for the respondent- State has strongly opposed this application and granting anticipatory bail to the applicant looking to the nature and gravity of the offence.