BHALIYA ROHITBHAI RAJUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.1121402220739 of 2022 with Kamrej Police Station, Surat Rural, for the offenses punishable under Ss. 65(e), 81, 98(2) and 116-B of Gujarat Prohibition Act.

(3.) Learned advocate for the applicant states that as per the case of the prosecution, on 13/4/2022, upon secret inputs, during patrolling the police seized one car and other motorcycles standing in the compound of Khodal Bricks and upon investigation, prohibited items i.e. liquor found from those vehicles in presence of the applicant. He further states that the applicant is innocent and he is falsely implicated in the present case and has not committed any such offence as alleged in the FIR. He further states that applicant is young person having age of 28 years and there is no evidence to connect him with the alleged incident and there are no criminal antecedents of the applicant. He further states that the applicant is permanent resident of Surat and he is ready and willing to abide by all the conditions that may be imposed upon him by the Court. Hence, he states that the discretion may kindly be exercised in favour of the applicant by allowing present application.