SHIVRAJSINH MADANSINH SHEKHAVAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R.No.I- 11993003211033 of 2021 registered with Anjar Police Station, Purva Kutch, Gandhidham for the offences under Ss. 65(a) , 65(e) , 116-B , 81 , 98(2) of the Prohibition Act.

(2.) Mr. Satapara, learned advocate for the applicant submits that the present applicant has executed an affidavit before the jail authority stating therein that he will not indulge in any type of offence in future. His wife has also filed an affidavit that her husband will never indulge in any kind of offence in future. It is submitted that on the basis of secrete information, the name of the applicant is involved in the offence, The muddamal vehicle is not of the ownership of the applicant. He therefore, urges that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.

(3.) Ms. Shah, learned APP appearing on behalf of the respondent-State submitted that about 39 cases are registered against the present applicant and almost all are under the Prohibition Act from the year 2008 and in spite of registration of FIR, the present applicant has not stopped his illegal activities and if the applicant is released on bail, there is possibility that the applicant will continue his illegal activity. Therefore, she has opposed grant of regular bail looking to the nature and gravity of the offence.